During the recent hearing on a client’s theater scarring case, the judge noted that he would need to see the actual scars in controversy. The experienced Fairfax judge noted that while he had received pictures of the claimant’s permanent leg scars, he was mindful of a case where the original pictures did not show the…
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In motorcycle crash cases, the past medical bills and wage loss can be proven with medical records, testimony by the treating doctors, pay checks and W-2s. However, the cost of future medical care for brain injured clients is more difficult. The ourts generally require an expert witness to testify as to the needs and costs…
Continue readingThe Court of Appeals of Virginia ruled February 10, 2009 in the case of Shenandoah Motors, Inc. v. Barbara J. Smith that when an injured worker is terminated for cause from a full duty job, they cannot come back later and seek partial disability compensation. The case applies a “termination for cause” defense which forever…
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Unlike other states, the Virginia Workers Compensation law does not include Awards for permanent injury to every part of an injured worker’s body. An employee hurt on the job in a compensable accident can get a permanency Award for a permanent injury to the thumb. The doctor may give a large rating to the thumb…
Continue readingThe Virginia Workers Compensation has issued new guidelines for what will constitute “Reasonable” Efforts to Look for Light Duty Work. No longer will 2 visits per week (as required by the Virginia Employment Commission to get V.E.C. Unemployment benefits) be sufficient. The value of marketing one’s residual capacity is critical to a workers’ comp claim…
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