Under Virginia Workers comp law, the injured worker has the burden of proof to show that they are actively and reasonably taking steps to find light duty employment after a workplace injury. Just like a victim injured in a car crash, an injured worker in Virginia must show that they took reasonable action to “mitigate…
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When injured employee finally wins their Workers Compensation case, or the claim is accepted, do they get back the Sick Leave or Holiday pay that they used to survive economically while they were off work? The rule followed is to allow the injured worker to elect whether the employer is permitted to take a credit…
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Temporary Transitional Employment (“TTE”), otherwise known as “Alternative Modified Work, “is a trend that is gaining traction in the insurance industry. Under this scheme, the employer, their Workers Comp insurance company &/or their Third Party Administrator (“TPA”) make an offer to a disabled worker of light duty work that appears to be within their doctors’…
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Clients often confuse acute and chronic injuries, assuming that they are interchangeable. Knowing the difference can be vital in making or breaking cases. . So what’s the difference? . An acute injury is a sudden change in the body’s anatomy. If you were able to move your arm with ease, and then were involved in…
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At your “Discovery Deposition” you will be asked questions under oath. A Court Reporter will be writing down every single thing you say, and an Insurance Defense Lawyer will ask a lot of really nosy questions! “It’s like an oral colonoscopy,” notes Herndon Injury Lawyer Doug Landau. Insurance Defense lawyers will ask about nearly every…
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