In a case defended by the Virginia Attorney General’s office, a Northern Virginia Training Center employee won her permanent injury case (again) on appeal. The Virginia Court of Appeals reviewed the injured worker’s medical records, lifting restrictions, and complaints of shoulder and arm pain in upholding the Award Order of the Virginia Workers’ Compensation Commission…
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The Virginia Workers Compensation Commission (“VWC”) is promoting its free mediation service. The VWC has a number of trained judges and other staff members who are able to serve as mediators, at no charge to the parties ! Where the employer, the injured worker, their legal counsel and the insurance company all agree to undertake…
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Because Virginia Workers’ Compensation (WC) laws require some increased risk arising out of employment, when an employee twists an ankle, among the early questions that must be asked are (1) whether or not the worker was carrying anything; and (2) whether or not the surface was in any way uneven or “disturbed”. If the injured…
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While Herndon Virginia workers’ compensation lawyer Doug Landau has previously written on the Workers’ Compensation system being a “no-fault statute,” a recent case decision out of Roanoke City Circuit Court suggests there may be a strict liability component as well. In the case of Wade vs. Scott Recycling, the decision handed down on November 20,…
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While the Virginia Workers’ Compensation law does not require an injured worker to show negligence or fault, it is not a complete no-fault system. An injured worker in the Commonwealth does not have to show that someone else is to blame for his or her disability from work, but not every single workplace accident is…
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