» Workers Compensation

Virginia Supreme Court reaffirms innocent victim of horseplay doctrine in workers compensation law

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 pol… Read More
Read More

Undocumented Workers Are Covered by D.C. Workers Compensation Act

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… Read More
Read More

In Maryland workers’ compensation claim, employer must show actual prejudice from late notice

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.… Read More
Read More

Award of Permanent Partial Impairment by Virginia Commission Is Voided On Appeal

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… Read More
Read More