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Tag Archives: workers’ compensation

I am celebrating 50 years of law practice and retiring June 30, 2024. To devote time to my existing clients, I am no longer accepting new cases.

For a Virginia Workers’ Compensation Accident, It Can Be All About the Medical History

Recently, I had three cases with the same Deputy Commissioner. All these cases contained a similar problem. The claimant had “not” clearly mentioned his injury in the early medical records. For example, in one case John Doe had said he had lumbar and abdominal pain. This complaint appeared in the “histories” taken by the first […]

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 […]

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 […]

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