The Virginia Workers’ Compensation Commission properly denied a benefits claim for an injury the claimant suffered while renovating the Harvey Colored School, a historic school building being restored by the Harvey School Historical Society. The Commission correctly held, and the… Read More ›
Workers’ Comp
Fijalkowski v. Wheeler
Police are entitled to qualified immunity as to the plaintiff’s claim that they exacerbated a dangerous situation – namely, the plaintiff’s psychotic episode in which he submerged himself underwater at the pool where he worked. Under the state-created danger doctrine,… Read More ›
Jones v. Crothall Laundry (P)
Credible evidence supports the Commission’s finding that the claimant’s act of entering the employer’s machinery area without using the gate, which would have deactivated the equipment, proximately caused his injury. The Commission also did not err in concluding that the… Read More ›
Hamilton v. Pro-Football Inc. (P)
Evidence supports the Virginia Workers’ Compensation Commission’s denial of a claim for wage loss benefits for an injury that the claimant sustained while on the Washington Redskins’ practice squad. Denial was based on the Commission’s finding that the claimant didn’t… Read More ›
Jones v. Pro-Football Inc. (P)
The Workers’ Compensation Commission did not err in finding the claimant, a former NFL player for the Washington Redskins, was disabled and entitled to average weekly wages of approximately $784. On appeal, the claimant argues that his average weekly wage… Read More ›
King v. DTH Contract Servs. Inc. (P)
A random attack on a workers’ compensation claimant by someone the claimant knows is compensable if the employment generates a risk of assault to the claimant. Thus, a claimant may prove an assault arose out of his employment if he… Read More ›
Roanoke Ambulatory Surgery Ctr. v. Bimbo Bakeries USA Inc. (P)
When does the statute of limitations bar a health care provider from submitting a claim to the Workers’ Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant pursuant to Code § 65.2-605.1? If the employer… Read More ›
