Gerald G. Lutkenhaus Workers Compensation Law Blog

Departure of "Labor" Commissioner Raises Great Uncertainty in Virginia Workers' Compensation Law

Wednesday, October 26, 2011 by Gerald G. Lutkenhaus

At the end of 2011 Virginia will lose its "labor" representative on the Virginia Workers' Compensation Commission.... Read More
Posted at 16:46 PM  |  PERMALINK
Topic: Workers Compensation

Cell Phones, Virginia Workers Compensation & Motor Vehicle Accidents

Friday, October 14, 2011 by Gerald G. Lutkenhaus

If your cell phone use is connected to work, then you may recover Virginia Workers Compensation benefits if using it causes a motor vehicle accident.... Read More
Posted at 11:50 AM  |  PERMALINK
Topic: Workers Compensation

Virginia Workers Compensation Commission denies compensation for replacemnt of artificial joint.

Thursday, May 5, 2011 by Gerald G. Lutkenhaus

The Virginia Workers Compensation Commission refuses to allow a claimant who had her prosthesis removed and replaced by a rod to file for additional compensation. The Commission advised her statute of limitations had expired. The Commission reached this conclusion by narrowly interpreting the law.... Read More
Posted at 16:21 PM  |  PERMALINK
Topic: Workers Compensation

Accident or No Accident in Virginia Under the Workers Comp Rules

Friday, April 22, 2011 by Gerald G. Lutkenhaus

Virginia requires proof of a specific accident in order for the claimant to have a compensable workers compensation case. ... Read More
Posted at 13:08 PM  |  PERMALINK
Topic: Workers Compensation

New Brain Injury Rule in Virginia---Does It Change Anything?

Friday, April 8, 2011 by Gerald G. Lutkenhaus

The new statute in Virginia may not really create a favorable presumption for workers who suffer a brain injury at work.... Read More
Posted at 09:05 AM  |  PERMALINK
Topic: Workers Compensation

Early Retirement can forfeit Virginia Workers' Compensation benefits.

Tuesday, February 22, 2011 by Gerald G. Lutkenhaus

An employee may not know this but early retirement can mean the end of Virginia workers' compensation benefits.... Read More
Posted at 14:43 PM  |  PERMALINK
Topic: Workers Compensation

A "Horseplay Accident" is once again a Good Claim under Virginia Workers Compensation Laws

Friday, January 14, 2011 by Gerald G. Lutkenhaus

In 2008 the Virgnia Workers Compensation had repudiated the Horseplay Accident Doctrine. In 2011 the Virginia Supreme Court reversed and reinstated the Doctrine.... Read More
Posted at 12:23 PM  |  PERMALINK
Topic: Workers Compensation

Virginia Workers Compensation Denial: The Critical Questions

Thursday, January 13, 2011 by Gerald G. Lutkenhaus

If your Virginia WC claim is denied, there are 12 questions to consider about your claim.... Read More
Posted at 10:23 AM  |  PERMALINK
Topic: Workers Compensation

Partial Disability & Virginia Workers Compensation

Tuesday, January 11, 2011 by Gerald G. Lutkenhaus

Even if you are only partially disabled, you still have rights under the Virginia Workers Compensation Act; however, there are things the worker needs to know to exercise those rights.... Read More
Posted at 14:17 PM  |  PERMALINK
Topic: Workers Compensation

Dependent Death Benefits After Death at Work in Virginia

Tuesday, January 11, 2011 by Gerald G. Lutkenhaus

If a worker dies due to an accident at work in Virginia, the worker's dependents should know there are benefits available under the Virginia Workers Compensation Act.... Read More
Posted at 10:40 AM  |  PERMALINK
Topic: Workers Compensation
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