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Author Archives: Gerald Lutkenhaus

Former legal aid lawyer for 17 years, I have now been representing injured and disabled workers for over 35 years.

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 […]

Injured at Work in Virginia and Fired: What to do?

It can happen. You are injured at work. The employer is upset. The employer knows his insurance rates will go up. As a retaliation for the injury he “fires” you. First, unless you are a union or government worker, the employer normally has the right to fire his/her employees for no reason at all. This […]

Social Security Disability and the Impairments that Automatically Qualify for Disability

Certain impairments can result in immediate qualification for disability. There are some serious impairments that the Social Security Administration has deemed automatic qualifiers for disability. List of 88 Impairments. This number may seem big but these impairments tend to be rare disorders that only afflict a very few people. Some examples are acute leukemia, gallbladder […]

Social Security Disability & Your Doctor

For a claimant, the first step in a Social Security Disability Case should be a meeting with his/her doctor. Does the doctor support the claim for disability? If so, will the doctor write a letter supporting the claim? Does the doctor’s treatment records support the claim? For example, if the disability is based on chronic […]

Virginia Workers’ Compensation & The Treating Doctor

Most claimants do not understand the importance of the treating doctor when they are injured. The Virginia Workers’ Compensation Commission when all things are equal gives decisive weight to the opinion of the treating doctor. Usually, the treating doctor is the first doctor who treats the claimant. Of course, if the injury requires a specialist […]

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