What is light duty work? In order to receive Worker’s Compensation benefits when an injured worker is not totally disabled, they must show proof of several things: they must have a doctors note from an authorized treating physician, stating that they cannot go back to their pre-injury job. These are usually in the form of…
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How do you prove physical injury when judges, defense, lawyers, and adjusters ignore SUBJECTIVE complaints of pain and disability? The answer is objective evidence. Experienced Herndon Virginia injury lawyer Doug Landau notes that where there is OBJECTIVE proof of injury or deficit, insurance companies, and the lawyers are less able to defend against the claim.…
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When an injured worker settles her 3rd party liability (negligence lawsuit), but the state workers compensation claim remains open (unsettled), it is often described as thought the WC insurance carrier gets a “holiday” from having to pay for any further benefits, until such time as the disabled employee uses up their “NET RECOVERY” from the…
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Insurance companies are in the business of “Risk Management.” If they can contain how much they might have to pay, then they get to keep most, or in some cases, all of the premiums they collected from a particular unsafe driver, company, family, and even the victims of a crash. In cases where the insurance…
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While the Virginia Workers Compensation Commission has a very successful program of remote and telephonic mediation, Doug Landau prefers for his clients (AND their family members) to join him in person, especially for traumatic brain injury cases (TBI). In 3 out of his 5 most recent Mediations, including 3 brain injury cases (32 involving skull…
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