An employer’s argument that the worker’s comp commission gave too much weight to a medical opinion, and ignored contrary evidence in the record concerning an employee’s injury, was not a valid basis to challenge its decision. Background On Oct. 17, ...

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

On March 3, 2005, the claimant, then a 27-year-old chemical mixer in good health, suffered severe injuries while mixing chemicals for an industrial chemical distributor in Roanoke. He sustained chemical burns to 60 percent of his body. The life-altering accident ...

Tagged with: Million-Dollar Settlements Workers' Compensation

A claimant was not eligible for benefits after the commission found he intentionally circumvented a safety protocol that de-energizes dangerous machinery upon an employee entering the area. The commission rejected his claim that the safety rules were not enforced. Background ...

Tagged with: Virginia Workers' Compensation Commission Workers' Compensation

Claimant sustained a spinal cord injury when he fell from a roof in 2017. The employer accepted the claim and the Commission entered an award order. The parties began settlement negotiations in 2018. After several weeks a final settlement figure ...

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

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

Tagged with: Buckingham County Circuit Court Insurance Judge Donald Carl Blessing Personal Injury Virginia Circuit Courts Workers' Compensation

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

Tagged with: Employment Judge Robert J. Humphreys U.S. District Court - Western District Workers' Compensation

The Workers’ Compensation Commission did not err in declining to infer that a claimant fell due to the condition of the floor where she slipped at work, rather than due to her pre-existing knee condition. Background In 2016, Appellant Sabrina ...

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

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

Tagged with: Administrative Employment Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

Claimant is a 42-year-old quadriplegic as a result of a fall from a second story balcony. Claimant lives at home by himself in a rental house. He has no contact with any family members and requires 24/7 home health care ...

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