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A Virginia Workers’ Compensation Accident and the ER Report

If there is a question about causation of an accident, the emergency room report can be extremely important. The Hearing Commissioner in a Virginia Workers’ Compensation case will often look to the history contained in that first accident medical record to see if the record corroborates the claimant’s version of the accident. A  big problem can occur when it does not. Sometimes, a discrepancy between the claimant’s testimony and the ER report can be explained. But if there is a big discrepancy, then it has to be explained or the case can be lost.

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