A school guidance counselor injured in a compensable car accident cannot overturn a commission decision enforcing a termination agreement and denying her request for benefits and penalties pursuant to a June 2005 workers’ compensation award. Forms not entered In January 2006, the ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

The commission did not err in concluding employer was entitled to a credit of only $363.16 for overpayments made to claimant, a 51-year-old bakery manager at appellant wholesale club who received lifetime medical benefits. A divided commission held that employer ...

Tagged with: Judge Rudolph Bumgardner III Virginia Court of Appeals Workers' Compensation

The commission did not err in holding that claimant did not sufficiently market his residual capacity for work during his light-duty status with United Parcel Service after knee-replacement surgery, the Court of Appeals holds. The record establishes that claimant’s doctor ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms a commission decision denying a workers’ comp claimant a cost of living adjustment under Va. Code § 65.2-709, as claimant already is receiving 100 percent of her pre-injury average weekly wage. Entitlement to COLA supplements ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A claimant who had been driving a school bus for 30 years and who injured her right hand and right knee when she tripped over a bus wheelchair lift that did not lower completely showed that she reasonably marketed her ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A claimant who worked multiple shifts in a 24-hour period and, on one assignment, spent hours on his knees reaching, bending and grabbing a hose to unclog a drain at a movie theater, failed to prove an “identifiable incident” which ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

The husband of a woman killed in a horrific 2013 robbery at a Richmond apartment complex had his $100 million wrongful death lawsuit tossed out of court last week because the murder was considered a work-related event. The ruling means ...

Tagged with: Judge M. Hannah Lauck Richmond Circuit Court U.S. District Court - Eastern District Workers' Compensation Wrongful Death

The Court of Appeals upholds a commission decision that a parent who sued for medical malpractice in the birth of her child in 2007 may proceed with that suit, as the child’s injuries do not qualify for compensation for the ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

A provider who treated claimant for a 1995 knee injury starting in 2010, who was not an authorized physician on employer’s panel of providers but who was paid under the Longshore and Harbor Workers’ Compensation Act, is entitled to an ...

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

Although employer already had paid claimant a lump sum settlement under a 2013 order covering his 2010 injury, the order also called for employer to pay claimant’s medical costs through the date of entry of the settlement order, and a ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation