Consequence of a “Compensable Consequence” may indeed be compensable in Virginia !
(“deputy commissioner’) agreed, saying the left hip injury caused hip pain, the hip pain caused the right hip pain, so the right hip was a consequence of a consequence (!).
The Full Commission on review (“appeal”) reversed, saying that the case of Amoco Foam and Farmington Country Club did not apply to these facts. This new case is Godbey v. Lynchburg Foundry, VWC 219-12-69 (decided April 8, 2008). The Full Commission seems to be taking a more sensible approach to compensable consequence than other case law had suggested. At ABRAMS LANDAU, Ltd., we have won “Compensable Consequences” claims for clients in a variety of cases. Typical examples of claims we have won include overuse to the non-injured side, depression and falls.