» Workers Compensation
Virginia Court of Appeals denies workers compensation award during work furlough
July 15th, 2011
In Utility Trailer Manufacturing Company and Liberty Insurance Corporation v. Testerman, No. 1484-10-3 (Va. App. July 12, 2011), the Court considered the issue whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, ju…
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Virginia Supreme Court reaffirms innocent victim of horseplay doctrine in workers compensation law
January 21st, 2011
In Simms v. Ruby Tuesday, Inc., No. 091762 (Va. Jan. 13, 2011), the Court considered the issue whether the actual risk test analysis articulated in Hilton v. Martin materially changed the “innocent victim of horseplay” doctrine under Virginia’s workers compensation law. After reviewing the history and poli…
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Undocumented Workers Are Covered by D.C. Workers Compensation Act
January 14th, 2011
In Asylum co. v. D.C. Depart. of Employment Services, No. 08-AA-1158 (D.C. Dec. 23, 2010), the Court of Appeals considered an issue of first impression in D.C.: whether a worker who is an undocumented alien is covered under the District of Columbia Workers’ Compensation Act. The Court affirmed the Compensation Review…
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In Maryland workers’ compensation claim, employer must show actual prejudice from late notice
November 2nd, 2009
In Melody Elste v. ISG Sparrows Point, LLC et al., ___Md. App.___, ___A.2d___(2009), Maryland’s intermediate appellate court examined when an employer is “prejudiced” by an employee’s failure to provide notice of an accidental injury within ten days of the injury’s occurrence as required by Md.…
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Award of Permanent Partial Impairment by Virginia Commission Is Voided On Appeal
April 10th, 2009
In Hitt Construction v. Pratt, 53 Va. App. 423, 672 S.E.2d 904 (Va. App. Feb. 17, 2009), the Court held that for the Virginia Workers Compensation Commission to exercise its review authority under the Act, when that authority is timely challenged, it must be composed of three statutorily authorized members. As a result, a d…
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