The Decision and Order of Administrative Law Judge Alice M. Craft found that the Claimant in this case failed to give to the Employer formal timely notice of a right shoulder injury sustained in the workplace in September of 2003. The claim was therefore time-barred. The Claimant was also denied medical benefits due to his… Continue reading Jason D. Conley v. Norfolk Southern Corporation
The Claimant in this case died of cardiac arrest days after surgery for a work-related knee injury. He had a pre-existing history of deep vein thrombosis, so physicians assumed that the cardiac arrest was the result of a clot induced pulmonary embolism. An autopsy would have confirmed the assumption, but none had been performed. Pathologists… Continue reading Judy Johnson, widow of Garnell Johnson, v. Northrop Grumman Shipbuilding
Defense of stress and suicide cases always poses a difficult task. Inevitably, medical records in a workers compensation case will be replete with statements about work related stress and depression. The Benefits Review Board is reluctant to apply the Marino doctrine, permitting legitimate personnel actions as a defense to stress and suicide claims. Instead, the… Continue reading Carolyn Vick, widow of Allen Vick v. Northrop Grumman Shipbuilding
Withdrawal of Citation and Notification of Penalty in wrongful death. Case Details PDF
The Benefits Review Board decision affirms the Decision and Order of Administrative Law Judge Krantz denying benefits a claim for temporary total disability based upon an injury to the right knee. This case involved a causation determination, as to whether the Claimant’s surgery and following disability were attributable to her claimed work injury, or instead… Continue reading Jacqueline Tynes v. Newport News Shipbuilding
The Opinion from Deputy Commissioner Wilder in this case, denies benefits for various periods. Among the various defenses to this case, we raised the issue of whether the Claimant actually suffered an injury arising out of and in the course of his employment. While the Claimant maintained that he was moving a specific, 140 lb.… Continue reading Darryl Siverling v. Newport News Shipbuilding and Dry Dock Company
The Benefits Review Board affirmed the Decision and Order of Administrative Law Judge Bergstrom denying benefits in this claim based upon a left knee injury. The Board agreed the Administrative Law Judge rationally concluded that the left knee injury did not cause the condition of the Claimant’s right knee. Likewise, the ALJ correctly discounted the… Continue reading Leon Townes v. Newport News Shipbuilding and Dry Dock Company
The Benefits Review Board vacated and remanded this case to the Administrative Law Judge Malamphy in order to reconsider his decision denying the Claimant’s section 22 petition for modification. Case Details PDF
Jury trial in Norfolk Circuit Court. The defendant, suffering from a gunshot wound, ran a red light and hit the plaintiff’s vehicle at an intersection. The judge upholds the sudden emergency jury instruction. Case Details PDF
This decision by the Virginia Workers’ Compensation Commission states that the Employer may take credit under the Virginia Workers’ Compensation Act for payments made on behalf of the employer under the Longshore and Harbor Workers’ Compensation Act by the federal government special fund under 33 USC 908(f). Case Details PDF
The Decision and Order of the Administrative Law Judge found that the Claimant did not sustain an aggravation of his June 1, 2002 work injury. Instead, it was found that Claimant’s disability is the result of a natural progression of his June 1, 2002 injury, which would have occurred regardless of his return to work… Continue reading Leo Outland v. Cooper T. Smith Stevedoring, Universal Maritime Services, Virginia International Term
Article discussing employers’ liability for workers’ compensation recipients in economic layoffs, pursuant to the Longshore and Harbor Workers’ Compensation Act. Should a workers’ compensation system be turned into an unemployment compensation system? Case Details PDF
Eliminate subjectivity in layoffs by having an objective selection process, such as evaluations. This helps in avoiding unnecessary litigation. Full Article PDF
Psychiatric injury claim under the Longshore Act defeated even though Claimant’s treating psychiatrist attributed Claimant’s ongoing disability and psychiatric illness to the cumulative stress of his workplace. The Benefits Review Board affirmed based on Marino v. Navy Exch. and held that psychiatric conditions which flow from legitimate personnel actions do not give rise to compensable… Continue reading Edward E. Pool v. Lambert’s Point Docks, Inc.
OSHA cited a local company operating at the Port of Hampton Roads in the death of their employee as a result of the collision of two pieces of machinery used to move containers. The citation specified that the employer had failed to provide training and designate specific vehicular routes resulting, in part, in the death… Continue reading OSHA Citation and Penalty successfully defended by Christopher R. Hedrick
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