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The Workers Compensation Hearing — The Importance of the Record
Today, I had two (2) prospective clients contact me. They both had the same problem. They had already had their hearings and had both lost. In both cases the problem was the record. In Case Number One the claimant had fallen down the stairs at VCU. She claimed the accident occurred because the stairs were […]
Richmond, Virginia Medical Care Denied After Workers Compensation Accident
Many call my firm with the following situation: They have an award for lifetime medical coverage for an accident on the job. The award may be years old. Suddenly, the insurance company “cuts off” the medical care for the accident. The insurance company says there is no evidence the problem is still related to the […]
Appealing a Virginia Workers’ Compensation Denial
Many claimants are confused when their Virginia Workers’ Compensation claim is denied. They need to draw a distinction between a denial by the insurance company and a denial by the Virginia Workers’ Compensation Commission. First, most employers have obtained workers’ compensation insurance to cover claims of injured workers. So, when a worker makes a claim […]
Virginia Workers’ Compensation Accident and Use of Cell Phone While Operating Motor Vehicle
At present, you can recover workers’ compensation in Virginia for use of the cell phone. This is especially the case when the injured worker’s job requires use of the cell phone. Recent Case Where Commission Awarded Compensation for Accident Caused by Use of Cell Phone At the present time, the state of Virginia has not […]
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 […]
Virginia Workers’ Compensation and Retirement
Many of my clients who are on workers’ compensation in Virginia also have the possibility of retiring. This can present a problem. The retirement has the potential to adversely affect the workers’ compensation benefits. This is especially the case when the employer has provided the injured worker a light duty job which the worker is […]
