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Questions Answered by Jerry Lutkenhaus
2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Nov 8, 2018

Your relative should have filed a claim with the Virginia Workers Compensation Commission. That number is 1-877-664-2566. Your relative should have been paid for the time out of work by the employer's workers compensation insurance company. If the proposed Light Duty Job pays less than his... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Oct 29, 2018

You can file a claim yourself with the Virginia Workers Compensation Commission. That phone number is 1-877-664-2566. They will assist you with filing a claim. If you have a serious injury, you may want to contact an experienced workers compensation lawyer.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Oct 29, 2018

If this is a Virginia claim, you can file a Claim for Benefits with the Virginia Workers Compensation Commission at 1-877-664-2566. That being said if you had a pre-existing condition, then the insurer often uses this as an excuse not to pay the claim.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 4, 2018

Very difficult situation. You indicate a treating doctor released him to return to work. Another doctor says he needs surgery. You are scheduled to see the insurance defense doctor. Your attorney is probably right about this defense doctor. He is “paid” to give an adverse opinion. You also... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Aug 29, 2018

An Agreement for an Award is very important. Filing this with the Workers' Compensation Commission means the Commission will enter an Award based on the Agreement. The Award dictates what is covered, what benefits are paid, etc. It is very important to get an Award entered in a case as soon as... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Aug 29, 2018

If the contractor has two employees or less the contractor does not have to provide workers compensation insurance. However, if the contractor is a subcontractor on a project, then all the employees on the projection will be considered in deciding if coverage is required. Also, if the contractor... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Aug 3, 2018

In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Aug 3, 2018

In Virginia sitting at a desk all day would not count as a work place injury.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney

We first consulted an attorney in October 2017. At that time my husband was released to go back to work and his wage benefits were stopped. He was not able to work, it took us until April of this year to get him in to see a different doctor which worker's comp finally approved for him to do so.... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jul 3, 2018

When the doctor took him off work on April 13, 2018, the lawyer should have filed a change of condition claiming the doctor had taken him out of work. By waiting until June 20, 2018, the lawyer may have delayed things. If the doctor "only" took him out of work but did not say he was totally... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need serious help to get a case overturned.

I truly think that the company pay my attorney off not to fully represent me. There are a lot of things I need to discuss. I can't speak out over this phone

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 6, 2018

If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I was injured at work. I was told they are taking my personal time off to “ pay “ me for the time I,m missing. correct?

I went to my follow up and now have to have a ct scan done on my knee. It looks like I will be out of work for 4 weeks.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 5, 2018

If you are out less than 7 days, workers Compensation does not cover you. Once you exceed 7 days Workers Compensation does cover you. That may be why you were asked to take your personal time. Now that you are going to be out more than 21 days Workers Compensation should pay you from the date of... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Years ago, injured at work, had surgery, recovered and returned to work.

Received a Lifetime Medical Benefit Order. Cannot find the letter. What do I do to obtain a copy?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on May 17, 2018

If you have an award from the Virginia Workers Compensation Commission for lifetime medical coverage, you can obtain a copy of that award by contacting the Commission at 1-877-664-2566. They can look it up for you.

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

claimed along with other hip, arm, leg, etc injuries (multiple incidents). She's a special education teacher in a public school system. She was already on sick leave about two weeks for an unrelated illness (not WC) when the vertigo sent us to the ER, about six weeks ago. During a recent physical... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on May 16, 2018

If she has a disability due to a work-related injury, she first needs to have notified her employer of the accident giving rise to this disability within thirty (30) days of the accident. Then, she needs to have filed a claim with the Virginia Workers' Compensation Commission for the accident... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Is there a maximum number of workers' compensation claims a person can file in a given amount of time?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on May 3, 2018

I know of no limit. However, why would you want to file more than one per Injury?

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I was awarded benefits for a work injury in VA now the ins comp wants to settle but they say I have to resign; true?

I injured my ankle and calf at work and was awarded benefits. After over a year of pain and being told that I had to stay off my leg completely unless it was going to the doctor or to the bathroom I am finally healed. Top it off with delays by the insurance company, missed pay that I had to fight... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on May 3, 2018

The value of your claim is determined by “future” lost wages and “future” medical expenses. You say you are “healed” and I assume you are back at work. This may mean you have no “future” lost wages and no “future” medical expenses. If so, the insurer has no exposure to further... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: February 2016 I was hurt at work, my injury was herniated disc (L4,L5) I have had two lumber surgeries.

I have completed a lot of physical therapy. I am now doing pain management, which I may have to do for the remainder of my life. I have completed an FCE, and it said that I could not return to my pre-injury position. And was placed in vocational services. I have however found another job within my... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 31, 2018

You had a serious injury. You indicate you will have pain for the rest of your life. If you have an award, then you have lifetime medical coverage for this injury. You indicated you completed an FCE. This probably gave you permanent work restrictions. You are currently being job placed by the... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: If I'm required to hire an expert to ensure I secure workers' comp benefits, does my employer have to pay for their fees

if I win my appeal?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 3, 2018

Unfortunately, the answer is no you cannot recover the costs of obtaining an expert to win your case. Of course, the employer and its insurer cannot recover the costs of their experts from you.

2 Answers | Asked in Social Security for Virginia on
Q: What if we never hear from Social Security?

My husband has congestive heart failure. He was diagnosed in 2009, and could've filed for disability then (he met the criteria), but was only 37. He wanted to work if he could. This year his symptoms grew worse and he had to stop. We filed for disability in August, SS had his medical records by... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 22, 2017

If you filed in August of 2017, then it usually takes Social Security at least 120 days to render its initial decision. Usually, it takes that long for Social Security to send for and receive your medical records. If your claim is denied, then you should contact a lawyer such as myself for legal... Read more »

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1 Answer | Asked in Workers' Compensation for West Virginia on
Q: Will I still receive a settlement from compensation for my back surgery after I return to work?

It's in WV through brickstreet. I just had three discs repaired with a fusion on two of them. Will I still receive a settlement for my injury even if I return to work?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 18, 2017

If your claim is in West Virginia, you would have to contact a West Virginia lawyer for legal advice. If you are able to return to work without "any" work restrictions even though you had a back fusion that would decrease the value of your settlement.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Once a va workers commissioner rules in my favor do I get settlement?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 4, 2017

Not necessarily. The insurer can always continue to pay you weekly benefits. If you have been released to Light Duty Work, then the insurer can attempt to job place you. Finally, the insurer can always send you out for a new medical opinion. You need to contact an experienced workers compensation... Read more »

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