Va. Code § 65.2-306(A)(4) bars workers’ compensation claims for injuries that, inter alia, result from a claimant’s willful misconduct in refusing “to perform a duty required by statute.” In that...
Failure to Wear Seatbelt Proves Fatal to Virginia Driver’s Claim Failure to Wear Seatbelt Proves Fatal to Virginia Driver’s ClaimA Virginia appellate court recently affirmed a determination by the state’s Commission which, in a divided decision, had awarded workers’ compensation benefits to an administrative assistant who contended she was...
Virginia Court Affirms Award for Brown Recluse Spider Bite Virginia Court Affirms Award for Brown Recluse Spider BiteStressing that under Georgia law, it is the right to control, not the actual exercise of that control, which determines whether the work relationship is one of employer and employee,...
Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by Exclusivity Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by ExclusivityThe world is transfixed by a new enemy: the coronavirus. I just received an email from my bank reminding me how I can use my accounts’ electronic features so as...
For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass” For Workers’ Comp World, Coronavirus is a Real “Snake in the Grass”In a case replete with irony, as many of us scurry around gathering the plethora of information required to file our annual individual income tax returns, a federal district court...
What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury Claim What Goes Around Comes Around: IRS Employee May Not Recover for Stress Associated with Pursuing Injury ClaimReversing a decision of the state’s Court of Appeals, and side-stepping — at least to some degree — the issue of illicit relationships, the Supreme Court of South Carolina found...
SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show Dependency SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show DependencyWhere a Virginia police officer in 2009 and 2010 signed acknowledgments that he had received a copy of Virginia’s special heart-lung presumption favoring police officers and certain others, the state’s...
Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of LimitationsWhere a law judge found that an injured New York worker was entitled to a PPD classification based on impairments to her cervical and lumbar spine, entitling her to nonschedule...
NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages