The 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…
Continue readingIt seems so obvious. You have been in a car accident. Your car is smashed, totaled, wrecked, busted. In addition to seeking prompt medical care, gathering evidence is important in the time after a car crash. Most people know to take pictures of their injuries, the scene of the accident and their car, truck, motorcycle…
Continue readingIn a word, “no.” For an injured worker to get a “Permanency Award,” there should be no painful medical testing, as the physicians observe and measure the scar sites. The doctors do not usually put the patient through range of motion or sensation testing when determinations about the extent of scarring are concerned. To get…
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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…
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While the case did not meet the criteria for ABRAMS LANDAU cases, Doug Landau took on the claim of a young architecture student whose fingers were severed in a workplace accident. When it came time to settle the case, the client a very good question. Why is there some much paperwork to settle a small…
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