Welcome to the GGL Law Firm
The Law Office of Gerald G. Lutkenhaus
Virginia Workers' Compensation and Social Security Disability Attorney
Rated "ONE OF THE BEST" in Central Virginia*
with over 35 years of experience.
Contact me for a FREE EVALUATION regarding your Virginia Workers' Compensation accident, claim, denial, injury, disability, or settlement:
✍ GERALD'S CASE OF THE WEEK
$157,500 Mediation Settlement for Injured Forklift Driver from Carson, VA
D. Brown was getting off his forklift at work as an order selector in Prince George, VA when a fellow employee accidentally hit him in the right foot with a pallet jack. Two foot operations were required to repair the crush injury. Mr. Brown underwent a Functional Capacity Evaluation (FCE) a little over a year after the accident, which indicated he could drive a forklift again. However, he will need special shoes and pain medication for the rest of his life. After a Mediation at the Virginia Workers' Compensation Commission, I obtained a settlement for Mr. Brown of $157,500 for his work injury.
☞ GERALD'S TIP OF THE WEEK
Video Surveillance Warning to Injured Workers
Recently, I have had a number of cases in my Virginia workers' compensation practice that involved video surveillance. The defense has the right to hire a private investigator to follow the injured worker around and video record him or her in public places (ie. outside the home, in the doctor's office lobby, running errands, etc.). This tactic is used in hopes of catching the worker doing activities that are inconsistent with his or her alleged impairment and/or violating doctor restrictions. Surveillance typically occurs when an injured worker is out of work on compensation for lost wages and the disability is due to the claimant reporting pain, rather than an obvious, objective medical impairment.
If the investigator is successful, the defense can play the video in front of the treating physician, persuading the doctor to think the worker is exaggerating symptoms and/or has recovered from the injury. The doctor may declare the worker is no longer disabled and drop any work restrictions. A problem for the worker's attorney is that he cannot obtain the video until after it has been provided to a third party, such as the doctor. Also, the VWC Commission has ruled in the past that the worker's attorney cannot obtain the video prior to the worker's deposition. Thus, defense counsel can ask the worker questions at the deposition in hopes that his or her answers will conflict with the video evidence.
Then the defense can file an "Employer's Application for Hearing" with the Commission to cutoff the worker's benefits. If the Commission does not reject the Application, then compensation will stop on the date of Application and will not resume unless the worker gets compensation reinstated by the deputy commissioner at the hearing. Therefore, if you are an injured worker under an Award for compensation, you should be cautious that the defense could be videotaping your activities.
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Monday May 25th - closed
Office LocationGGL Law Firm
4906 Fitzhugh Ave, Suite 201
Richmond, VA 23230-3519
Phone: (804) 335-0268
The Virginia Workers' Compensation and Social Security Disability Law Office of Gerald G. Lutkenhaus, located in Richmond, Virginia, is pleased to represent clients in:
Greater Richmond (including Bon Air, East End, Fan, Short Pump, West End), Amelia, Amelia Courthouse, Ashland, Burkeville, Caroline, Charles City Courthouse, Chester, Chesterfield, Colonial Heights, Crewe, Dinwiddie, Farmville, Glen Allen, Goochland, Hadensville, Hanover, Henrico, Hopewell, Jetersville, King William, Mechanicsville, Midlothian, Montpelier, New Kent, Nottoway, Petersburg, Powhatan, Prince George, Quinton, Rockville, South Hill, Sutherland, Warsaw, and Williamsburg.