An injured employee whose lawyers unwittingly scotched his workers’ compensation award has settled legal malpractice claims for $5 million. The lawyers allegedly overlooked the need to involve the workers’ comp insurance company when they resolved a related product liability ...

Tagged with: Workers' Compensation

A claimant injured in a fall on a construction site has not shown he is entitled to workers’ compensation, based on his assertion that he was a direct employee of a builder who had fewer than three employees and who ...

Tagged with: Judge William G. Petty Unpublished Opinion Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms the commission’s denial of a Federal Express worker’s Aug. 27, 2015, claim for permanent partial disability benefits for his Jan. 8, 2009, workplace accident; he failed to preserve his claim with benefits claims forms he ...

Tagged with: Judge Rosemarie Annunziata Unpublished Opinion Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms an award of temporary, total workers’ compensation benefits for a claimant who injured his shoulder on the job and has pain and a limited range of motion. Claimant initially was scheduled to meet with his ...

Tagged with: Judge Richard Y. AtLee Jr. Unpublished Opinion Virginia Court of Appeals Workers' Compensation

A deputy sheriff who injured his right arm and wrist while making an arrest did not demonstrate a “good reason” to have a surgery performed by a non-treating physician, and the Court of Appeals upholds a commission decision that this ...

Tagged with: Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals Workers' Compensation

A correctional officer who complained of knee pain and difficulty walking after a workplace physical defensive safety training session is entitled to medical benefits for her torn meniscus; the Court of Appeals rejects employer’s contention that her injury resulted from ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

A Victoria’s Secret employee who fell from the top of a five-foot ladder while restocking lingerie, who reported back and hip pain to her primary care doctor three weeks before her fall, but repeatedly told employer she had not suffered ...

Tagged with: Judge Robert J. Humphreys Unpublished Opinion Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms an award of lifetime wage benefits to a mine worker diagnosed with pneumoconiosis pursuant to Va. Code § 65.2-504(A)(4), rejecting employer’s contention that the claim for benefits was time-barred because of claimant’s 1987 diagnosis.   Regarding ...

Tagged with: Judge Wesley G. Russell Jr. Unpublished Opinion Virginia Court of Appeals Workers' Compensation

Claimant was injured at work pushing a large dumpster in two separate inci­dents in 2002 and 2003. He underwent five surgeries. He entered into a permanent and total disability award in 2012. He takes several daily medications, uses a wheelchair ...

Tagged with: Brooke Anne Hunter Million-Dollar Settlements Virginia Workers' Compensation Commission Workers' Compensation

A claimant’s testimony and medical record were sufficient to establish that her authorized treating physician for her original 1977 back injury referred her to another doctor in the same practice group for a later work injury to her knee that ...

Tagged with: Per Curiam Opinion Virginia Court of Appeals Workers' Compensation