Tag Archives: Virginia

Virginia Court Affirms Commission’s Safety Violation Finding

Driver’s Failure to Chock Wheels Results in Loss of Comp Benefits A Virginia appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver willfully violated known safety rules when he failed to chock the … Continue reading

Posted in Case comment | Tagged , , | Leave a comment

Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct

A bus driver, who sustained serious injuries in an accident in which his bus was struck from behind, causing it to careen against a guard rail and then flip over, ejecting the driver, was appropriately found to have violated his … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Virginia Bus Driver’s Failure to Wear Seat Belt Constituted Willful Misconduct

Medical Benefits Must be “Reasonable and Necessary”—Not Just Beneficial

Virginia Employer Need Not Provide Specialized “Running Blade” Prosthesis While all but a few American jurisdictions require employers to provide medical benefits that are essentially unlimited in terms of duration and amount [see e.g., Larson’s Workers’ Compensation Law (“Larson”) § … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , | Comments Off on Medical Benefits Must be “Reasonable and Necessary”—Not Just Beneficial

Virginia Court Reiterates Objective Standard For PTSD Claims

The Virginia Workers’ Compensation Commission did not err when it found that a state trooper’s PTSD did not arise out of and in the course of his employment [Hess v. Virginia State Police, 2017 Va. App. LEXIS 280 (Nov. 14, 2017)]. … Continue reading

Posted in Case comment | Tagged , , , , , , , , | Comments Off on Virginia Court Reiterates Objective Standard For PTSD Claims

Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation benefits. Such use of imprecise language leads many claimants to … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , | Comments Off on Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

The Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated at the time of his or her injury; the employer … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case

Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”

On March 11, 2016, Virginia governor McAuliffe signed into law a bill extending the state’s narrow presumption of compensability [Va. Code Ann. § 65.2–105] to cover most claims where the employee dies in an unwitnessed work-related accident. Prior to the … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”

Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits

In a decision that has been not been designated for publication, the Court of Appeals of Virginia held that an employee cured his refusal of selective employment (“light work”) where, following a work-related injury, he resigned from his employment rather … Continue reading

Posted in Case comment | Tagged , , , , , , | Comments Off on Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits

Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity

Virginia, like a number of other states [see the discussion in Larson’s Workers’ Compensation Law, § 52.07], has a special presumption favoring firefighters (and police officers) as to death or disability from respiratory disease, hypertension or heart disease, and cancer … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Virginia Court: “Firefighter’s Presumption” Requires Showing of Entitlement to Some Form of Economic Indemnity

Virginia Court Requires Insurer to Provide Transportation to Doctor’s Office In Spite of Fact That It Already Paid to Modify Vehicle

It is one thing to modify an injured employee’s vehicle so as to accommodate his wheelchair or scooter. It is quite another to provide the employee with necessary transportation assistance in getting to his or her doctor. That such modifications … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Virginia Court Requires Insurer to Provide Transportation to Doctor’s Office In Spite of Fact That It Already Paid to Modify Vehicle