Workers Compensation

The Virginia Workers’ Compensation Act provides a legal framework to compensate injured workers for job-related injuries. It was designed to ensure that workers and their families are properly cared for and compensated following workplace injuries.

A flight attendant sustained sudden, permanent loss of hearing as a result of change in cabin pressure that occurred during ascent of an aircraft.  The insurer denied the claim on grounds that it was a gradual, cumulative injury resulting from repetitive trauma and therefore, not covered under the Virginia Workers’ Compensation Act.  The employer also asserted alternatively that the claim was barred by the flight attendant’s willful misconduct because she flew with a cold.  The employer’s defenses were defeated.  Wage loss and medical benefits were awarded.

Representative Clients

A career firefighter was diagnosed with post traumatic stress disorder after 20 years of exposure to serious injuries and fatalities.  The claim was originally filed as an injury, but was rejected by the Virginia Workers’ Compensation Commission.  The claim was subsequently filed as an occupational disease claim.  For the first time, the Supreme Court of Virginia recognized the compensability of post traumatic stress disorder as an occupational disease.

Awards & Associations

Top 10 Workers Comp Award

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