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Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Virginia on
Q: Doctor released my husband to go back to work in October, stopped payments, He couldn't work, in April another doctor

gave him an off work excuse. This new doctor is an independent doctor and he looked at the MRI that was taken when my husband first got hurt on the job in July of last year. He said it clearly showed something is wrong with the nerves in his back and that he could not return to work to do his... Read more »

Jan F Hoen
Jan F Hoen
answered on Apr 13, 2018

If he is back on "no work" status again, he is eligible for reinstatement of his temporary total disability payments.

If they are not voluntarily reinstated, he will need to file a Claim for Benefits form with the Virginia Workers Compensation Commission based on the change in...
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Q: If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong

Timothy R Johnson
Timothy R Johnson
answered on Mar 28, 2018

An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I broke my left leg at work. Workers Comp claim was denied by insurer citing no risk to employment. Is that correct?

While performing my work duties on site I was going up a flight of stairs and my left toe caught on the lip of the last stair. I tripped and fell awkwardly landing on my left leg and broke the left fibula.

Jan F Hoen
Jan F Hoen
answered on Mar 20, 2018

You did not provide any information about how your injury happened which is necessary in order to answer.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I'm developing back and neck problems from sitting at a computer all day.

Can I file for workers' compensation to pay for my massage therapy?

Jan F Hoen
Jan F Hoen
answered on Mar 16, 2018

Highly doubtful.

Neck and back problems are very common and may arise for numerous reasons.

In order to be compensable, you would need medical evidence of a specific injury by accident arising out of and in the course of your employment. A sudden mechanical/physical change with a...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Was unable to continue treatment employer wasn't paying bills

Didn't receive compensation because Dr didn't specifically state I could not work but didn't ask for an excuse because employer fired me the following day

Jan F Hoen
Jan F Hoen
answered on Feb 22, 2018

What is your question?

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Hurt back at work in July 2017, workers comp. paid benefits until Oct 2017, doctor released to full duty, he can't work

He was released back to full duty on Oct 21, he tried and could not work, He is 56 and is a coal miner, they would not take him back on light duty. We consulted an attorney in Nov, benefits are still not being paid, he has asked to see another doctor and still waiting to get approval. He has had no... Read more »

Jan F Hoen
Jan F Hoen
answered on Feb 17, 2018

Quitting would terminate any claim for wage benefits beyond the day he quits. He should definitely not quit.

If he already has an attorney, speak with him about his options. If not, it is time for him to retain one and get seen by a different doctor. He should also be marketing (looking...
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1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

I’ve had multiple surgeries, been through Vocational Rehab to no avail, I’ve been through 3 IME’s, I’ve seen one of their pocket Dr.s, another whom has been employed by the Defendant, and had a medical records evaluation done by that Dr. that’s never seen me and because the Dr.s are their... Read more »

Jan F Hoen
Jan F Hoen
answered on Feb 14, 2018

If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to... Read more »

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Q: I was at work driving a tow truck and I hydroplane in the rain and flip my truck broke my neck and am c6&c7 paralyzed

In a wheelchair and am getting wc and the adjuster is being unreal on thinks like meds treatments in my need of a home aid and just unreasonable on stuff that they should take care of !! Would it be a bad I deal to tell my issues and problems to people on social media and tv radio station??

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

Not now as you may have a "crashworthiness " case against the manufacturer of the truck. Feel free to call me if you have questions.

Going on social media has a lot of risks. Short answer: not right now. Suggest you contact a member of the Va.Trial Lawyers Assn who handles comp....
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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 »

Jan F Hoen
Jan F Hoen
answered on Jan 31, 2018

There is much more information required to answer this question. For example: your average weekly wage; the new job's pay and any temporary partial benefits due; your impairment rating (if any, since you do not mention whether there is any residual leg disability); the future cost of pain... Read more »

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1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Q: It has two years since an accident that is covered by WC. Recent complications indicate that Adrenal failure is present.

As with most every request by MD It is a fight to get approval. The care has been very disjointed and it is apparent the MD are frustrated with the process. Can this be considered negligent and what if it turns into an Adrenal crisis which is life threatening

Peter N. Munsing
Peter N. Munsing
answered on Jan 25, 2018

If you mean can you sue the WC carrier for bad faith? Unlikely as they are merely using the legal process and your legislature decided to tip the scales in favor of the carrier. However if the wreck was not your fault this would be part of your injury claim. I assume you have an attorney for these... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: What is the proper way to terminate my present lawyer representing my WC case in Virginia?

Representation far less than satisfactory and leaving firm.

Mr. Beau Correll
Mr. Beau Correll
answered on Jan 7, 2018

It's generally advisable to do so in a respectful and direct writing. Be advised, that you need to review your fee agreement with the attorney in advane as you may be on the hook for substantial legal fees and there may be a lien on any potential future recovery.

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.

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 »

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

crime (fraud). Does this mean I'm not longer eligible for workers' comp benefits?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 14, 2017

If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter

They are trying to get out of operation Dr has asked for since injury. How can they ask for new hearing when they didn't appeal decision? This is in Blacksburg, Va.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 25, 2017

If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: can I reopen my workers comp claim?

My shoulder was injured at work due to repetition work in 2006 or 2007. I was under the care of work a comp while being on restriction at work. The doctors of the company only stated I strained/sprained my shoulder. However I have had to continue to be seen for the Same issues to my shoulder over... Read more »

Jan F Hoen
Jan F Hoen
answered on Oct 25, 2017

If you filed a claim at the time of injury and are under an award for lifetime medical benefits, contact your case manager. If you are not under an award, the statute of limitations will most likely bar a claim.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have been out of work for a year first doctor messed up broke heal bone have screws was put on permanent restriction

No job and now they want to settle what should i do pain and swelling for the rest of my life have to wear a ankle brace

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 17, 2017

You need to contact an experienced workers' compensation lawyer. As I see the big issue in your case is whether or not you will be able to obtain a new job that equals or exceeds your pre-injury job. Your chances of doing that will probably determine the value of the remainder of your claim.... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do I need an attorney? Suffered TBI at work from stuck door hitting me in head, management knew about door problem.

July 2017 suffered TBI from door to head at work, now I have constant headaches and convergence problems with my right eye, seeing same therapist for 12 visits making progress but now insurance company wants me to change therapist without treating physician being ok with it, can they do that,... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 17, 2017

The medical care is supposed to be directed by your treating physician and not by the insurance company. You should consult an experienced workers compensation lawyer about this problem with the insurance company.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I was at work and stepped off a transfer cart that was about 3 or 4 inches higher then the floor and my foot gave out.

A bone in the foot broke. Nothing hit it, no tripping and worker comp is not covering it.

What is your opinion?

Jan F Hoen
Jan F Hoen
answered on Oct 7, 2017

Since the claim has been denied, you should consult an attorney in person to determine what course to follow.

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