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Man suffered hernia in 2005, gets total settlement of more than $1M — $1,070,000 settlement
The claimant suffered a hernia while lifting boxes at an out-of-state trade show in 2005. Due to nerve entrapment complications related to the hernia mesh repair, the claimant required multiple surgical procedures over the years. The wage portion of the claim was settled in 2012 for a combination of a lump sum and a structured […]
Plaintiff sues firm for malpractice in 1997 workers’ comp case — $500,000 Settlement
Plaintiff was born in 1977 and was a part-time worker for XYZ Corporation in Washington, D.C. On Jan. 31, 1997, plaintiff was seriously injured allegedly because of a defectively designed bridge plate between a side-loading trailer and the XYZ loading dock. Plaintiff stepped into a void that was not covered by the bridge plate and […]
Injury from workplace stabbing not compensable
A rest area worker who was stabbed by a former co-worker is not entitled to compensation benefits because his job did not subject him to an increased risk of being assaulted. Facts Claimant worked the overnight shift at an interstate highway rest area. He worked alone. His duties were to clean the restrooms, empty trash […]
Employer did not prove work rule violation
Where claimant was injured when a piece of equipment began rotating while he was inside of it, the Virginia Workers’ Compensation Commission correctly determined that claimant’s injury was not the result of willful misconduct or violation of a safety rule. Background Claimant worked for a yard waste recycler. His job included cleaning the inside of […]
Hernia case settled, dated to injury in 2005 — $1,070,000 settlement
While working at an out of state trade show in 2005, the claimant suffered a hernia while lifting boxes. Due to nerve entrapment complications related to the hernia mesh repair, the claimant required multiple surgical procedures over the years. The wage portion of the claim was settled in 2012 for a combination of a lump […]
Man suffered severe TBI, multiple injuries after falling from ladder – $1.1 million settlement
The claimant, who was the owner of a company that provided maintenance services to commercial entities, suffered a severe traumatic brain injury with multi-lobe cerebral hemorrhage following a fall from a ladder. Other injuries included pelvic fractures, left clavicle fracture and a torn left rotator cuff. After the fall, the claimant was kept in an […]
Injury working at home might qualify for comp
With many thousands of Virginians working out of the office, employers may face a question they’ve never previously considered: Can employees file workers’ compensation claims if they are injured while working from home? In short, the answer is yes – though some workers’ comp attorneys believe such cases would be difficult to prove. “There will likely […]
Deliveryman hurt back moving a crate at work – $350,000 settlement
The claimant suffered a low back injury while moving a crate at his job as a delivery driver. The employer first accepted the claim and paid weekly wage benefits and for medical care, including back surgery, which failed to relieve the pain. The employer then filed an application for hearing alleging the claimant failed to […]
‘Act of God’ doctrine bars comp act coverage
Where claimant was injured when a gust of wind pushed a gate that she opened and then blew the gate back into her, the Virginia Workers’ Compensation Commission correctly applied the “act of God” doctrine to determine she did not suffer a compensable injury. An injury caused by a natural force, such as the wind, […]
No jurisdiction to consider employer’s hearing application
Where a worker’s estate withdrew its timely filed claim for benefits after the statute of limitations expired, the Virginia Workers’ Compensation Commission correctly ruled that the matter was moot and that it lacked jurisdiction to consider employer’s application for a hearing, which was filed after the statute expired. Overview Lopez worked as a youth counselor […]
Workers’ comp hearings stalled by COVID-19
The coronavirus outbreak put workers’ compensations hearings on hold, and Richmond attorney Andrew Reinhardt is concerned on how the commission will catch up. “We’re all working remote. The judges, the attorneys on both sides, our parties are remote… It’s a challenge,” Reinhardt said. “These cases need to move forward.” Last month the Virginia Workers’ Compensation […]
Man lost leg, gets wages and care in settlement – $1.3 million settlement
The claimant suffered a traumatic amputation of his left leg while operating a “debarking” machine at a logging facility on Feb. 23, 2018. The claimant had been released to full duty physically but was still having post-traumatic stress disorder issues and could not return to the logging company. The insurance carrier had begun vocational rehabilitation. […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
