An inventory specialist sustained a serious back injury requiring surgery. She did not retain an attorney because the insurer paid wage loss and medical expenses associated with her claim. She failed to file a claim for injury with the Virginia Workers’ Compensation Commission within two years of the accident. The statute of limitations passed, and the insurance company refused to pay any further wage loss or medical expenses. Even though the insurance company paid wage loss and medical benefits on the claim, under Virginia law the insurer would not be required to pay further benefits absent proof of fraud, mistake, or imposition on the part of the employer or insurer. The inventory specialist retained Diane McNamara, who built a claim from relevant documentation and facts that settled out of court for a reasonable sum.
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