Workers Comp Case Studies

Overcoming a Workers Comp Statute of Limitations
We were able to prevail upon a case, where the statute of limitation on filing a claim with the Commission had passed by a significant period of time.

We were able to prove that because the employer and insurer had never reported the accident to the Commission the usual statute of limitation did not apply.

Occupational Exposure to Chemicals
We prevailed upon a case where an employee was exposed to a harmful chemical, causing a variety of psychiatric symptoms.

Attorney Thomas’ background and studies in Gross Human Anatomy and Human Physiology provided a thorough understanding of a very medically complex case. His background gave us the edge to win on appeal to the Workmen's Compensation Full Commission.

A Fall Off the Sidewalk
An employer refused to provide workers’ compensation benefits when an employee fell stepping upon unlevel ground. This occurred when the employee stepped off the sidewalk to make room for others passing in the opposite direction.

We prevailed, proving our client’s accident arose from, both, his employment itself and occurring during the course of employment.

A Feral Animal Attack
We prevailed upon a case where our client was attacked by a feral animal.

We argued that the attack, was indeed, suffered in the course of his employment and the attack was a risk arising from his employment, as well.

While the employer tried to argue the attack was not an ordinary risk of our client’s employment, the Virginia Worker's Compensation Commission agreed with us.

Injury Sustained While Performing a Prolonged Activity
We prevailed upon a case where the defendants fought our client on the basis that he did not suffer an accident injury covered under the VA Worker’s Compensation Act - as the Act requires a showing of a single identifiable incident.

However, we prevailed on the basis that an injury born of maintaining an unusual posture for a prolonged period of time is an accident covered under the Workers’ Compensation Act.

Pelvic Organ Injury
Our client suffered a pelvic organ prolapse, while performing a lifting injury at work. The defense fought our client on the surgery needed to repair this injury and the time out of work she suffered. The employer also called at least two witnesses to argue the lifting accident never occurred.

After showing the employer’s witnesses were not credible, we prevailed at the Commission, both, at the initial level and on appeal.

We won our client’s surgery being covered under workers’ compensation and the back pay she was entitled.

An Employer Forcing An Employee to File for Workers’ Compensation in Another State
One of our clients, who was hired in Virginia, was injured in another state. The employer tried to prevent our client from filing for Workers’ Compensation in Virginia.

The employer tried to enforce a term in the orientation paperwork, that required workers’ compensation claims to be filed in a state of the employer’s choosing.

The Workmen's Comp Commission ruled in our favor and agreed with us—the jurisdiction of the Commission cannot be conferred or removed by party agreement.

A Fall and Injury in a Cramped Area
Our client fell in a cramped area while trying to ascend a step to access computer equipment. Defense argued our client either did not know why he fell or there was nothing in the environment that contributed to his fall.

Upon appeal to the full Workmen's Comp Commission,  we were successful in proving the Deputy Commission got it wrong.  We won as our client’s fall did occur to a risk arising from the employment.

PTSD Suffered by An Arm Entrapment Work Injury
We were able to prevail upon a case, where our client suffered from arm entrapment up inside a machine. Injuries to the arm were accepted by the insurer, but the insurer wanted to challenge that our client also suffered from PTSD from the same accident.

The Commission ruled in our favor that PTSD was also causally related to the same workplace accident.

A Settlement Paid Late
After settling our client’s case, the settlement check was mailed late by the insurance company, incurring a 20% penalty owed to our client. Defense argued that because a shipping label was created - and because they mailed the check to our firm - they timely placed the check into the mail and no penalty was owed.

We argued that the creation of a shipping label does not prove the check actually was mailed and mailing the check to our firm, without prior agreement, is not proper - especially when the mail does not timely deliver the check.

The Full Virginia Workmens Comp Commission, however, agreed with us granting our client 20% extra on top of their settlement.

An Employer Tries to Wiggle out of a Settlement
After settling a claim and having that settlement approved by the Va. Worker's Comp Commission, the employer then tried to withdraw consent to the settlement and vacate the settlement Order.

However, the Commission agreed with us. Settlement Orders become final within 30 Days and the evidence did not show the employer was not provided with adequate notice of the approved settlement.

Whose Impairment Rating is Larger?
The defense challenged the permanent impairment rating issued to our client as a result of the injury to his shoulder. The defense argued that the lower impairment rating that they obtained was accurate or the two ratings should be averaged to lower our client’s awarded impairment and the money due to our client.

We, however, prevailed. The rating that we assisted our client with obtaining was found to be accurate of his true limitations and was not averaged with the defense’s competing rating that would have lowered the overall value of the impairment money paid to our client.