Frequently, people call the ABRAMS LANDAU Workers Compensation Team to find out why they are not getting paid workers compensation benefits. The common belief is that ANY accident on the job, or industrial disability, should be covered. However, that is not the law in the Commonwealth of Virginia. Let’s say Doug Landau couldn’t get out…
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In an unpublished decision by the Virginia Court of Appeals, a worker was killed while driving a company van, to an appointment with a customer, but denied Worker’s Compensation benefits. The appellate court ruled that counsel for the deceased worker, “failed to establish by a preponderance of the evidence that his injuries arose from an…
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What happens if your employer appeals your winning workers’ comp case? How does a case on appeal get decided when the judges cannot see or hear the witnesses? If an injured worker who needs back surgery wins at trial before the Virginia Workers Compensation Commission (VWC) and again on appeal before the Full Commission, how…
Continue readingAdvances in technology do not always translate into evidence that supports an on the job injury claim. In a recent case where a Virginia police officer slipped on a stairway while she was investigating a potential burglary in progress at a private residence, the mishap was caught on video by her and two other officers’…
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One of the few issues upon which there is agreement before a workers’ comp Hearing is the Average Weekly Wage (“AWW”). Even in cases where every single other issue is in dispute, the earnings records of a disabled employee usually are not in controversy, according to Sterling and Herndon Virginia workers comp lawyer Doug Landau. …
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