are setting troubling precedent.
As set forth by Herndon Injury Lawyer Doug Landau in the 2/2/08 post https://landauinjurylaw.com/disability/what-is-and-what-is-not-reasonable-marketing-effort-by-an-injured-worker-in-virginia/, “Marketing” in compliance with the Virginia Workers Compensation Act is becoming the “Achilles Heel” of the claimant’s bar. Failure to adhere to the Commission’s strict requirements can lead to benefits ending even where the injured worker is under severe restrictions regarding her return to work.
In particular, a recent claimant suspended his job search (contrary to his experienced Richmond counsel’s instructions) in between the Thanksgiving and New Years Holidays, and he was denied weekly wage loss benefits for that period, even though he documented sufficient efforts before and after. His lawyer dryly noted, “It’s a bitter pill for them to swallow.” Washington and Virginia Super Lawyer Doug Landau sadly notes that the VWC will apparently not give an injured worker a “holiday” from the requirement to market, even during the holidays.