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
Virginia Work Comp Case for PTSD Yields $80,000
Joyce C. came to me with a horrifying story. She was an extended stay hotel manager and had delivered a package to a long-term resident. Some days later she went to check on him. He had committed suicide using a suicide kit Joyce has unknowingly delivered him. On her behalf, I filed a claim for Post-traumatic Stress Disorder (PTSD) with the Virginia Workers' Compensation (VWC) Commission. Joyce could no longer work at her job due to constant nightmares about the event. She kept seeing the victim with the suicide bag over his head hooked to the gas container. The insurance company's psychiatrist said she had a stress reaction which would be gone within three months. Joyce's psychiatrist said she could never work at the hotel again. At a Mediation at the VWC Commission, I managed to obtain weekly compensation for her lost wages, an $80,000 settlement, and payment of all related medical bills for Joyce.
☞ GERALD'S TIP OF THE WEEK
High Blood Pressure and Your Work Comp Claim
I have had a number of clients with a neck or back work injury. This causes chronic pain, resulting in a spike in their blood pressure. The clients want the work comp insurer to treat the high blood pressure (HBP) but there are problems:
[W]e find that the appropriate test is whether the treatment for the unrelated condition would be necessary if surgery for the compensable condition was not contemplated. In other words, the issue is whether the primary motivation for treatment of the unrelated condition is to allow the claimant to undergo the compensable treatment, or whether it is to treat the unrelated condition. If the unrelated condition would require treatment without reference to the compensable treatment, then there is simply no causal connection between the treatment for the unrelated condition and the compensable injury.
Under this test, it would appear the insurer is not responsible for HBP treatment not caused by the accident. However, this "test" does not answer the question regarding whether the insurer can force the client to pay for expensive HBP treatment in order to undergo an operation or FCE for his/her injury.
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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.