Q: Will Virginia workers compensation cover a brain injury when the claimant cannot testify?
Virginia has a peculiar law. It provides that if the claimant suffers a brain injury and cannot testify he can still win if he shows he was at work when he suffered the brain injury. However, in a recent case the claimant who had a brain injury still lost his case. The reason was although he had suffered a brain injury and could not recall his accident he could still testify. Because he could still testify the Deputy Commissioner decided he was not entitled to the presumption the brain injury was "caused" by his work. This unfair loophole in the law means even though the claimant suffered his brain injury at work he still lost his workers compensation benefits. It is possible the Virginia legislature may correct this law at a future time.
A: I agree with the problem as posed by the question and the answer. It is hoped that either the court or the legislature corrects this problem.
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