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Gerald's Legal Blog

Virginia Workers’ Compensation and Retirement

Virginia Workers' Compensation

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Many of my clients who are on workers’ compensation in Virginia also have the possibility of retiring. This can present a problem. The retirement has the potential to adversely affect the workers’ compensation benefits. This is especially the case when the employer has provided the injured worker a ...
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Social Security Disability and the Impairments that Automatically Qualify for Disability

Social Security Disability

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Certain impairments can result in immediate qualification for disability. There are some serious impairments that the Social Security Administration has deemed automatic qualifiers for disability. List of 88 Impairments. This number may seem big but these impairments tend to be rare disorders that ...
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For a Virginia Workers’ Compensation Accident it can be all about the medical history

Virginia Workers' Compensation

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Recently, I had three cases with the same Deputy Commissioner. All these cases contained a similar problem. The claimant had “not” clearly mentioned his injury in the early medical records. For example, in one case John Doe had said he had lumbar and abdominal pain. This complaint appeared in the “...
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Workers’ Compensation Injury — A Simple Fall at Work

Virginia Workers' Compensation

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I hear this all the time. My accident happened at work or I was injured at work. Why is my company denying the claim?The answer may not be obvious but there is an answer. Being at work is just part of the basis for a worker’s compensation claim. The second part of the claim is there must be a ...
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Social Security Disability May Be Harder To Get In Richmond, Virginia

Social Security Disability

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As a lawyer, I have been representing Social Security Disability claimants for over 35 years. It used to be you had a 50-60% chance to win a disability hearing in Richmond, Virginia. However, recent statistics from Social Security indicate the success rate in Richmond has fallen to 30-40% for ...
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Workplace Injury Happens Frequently

Virginia Workers' Compensation

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Is a workplace injury a rare occurrence?Apparently not. A recent study by the National Safety Council reports an American worker is injured every seven seconds which amounts to 12,900 a day and 4.7 million a year. This shows it is more important than ever to make sure your employer covers you with ...
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Virginia Worker’s Compensation Accident — Not Unknown Incident

Virginia Workers' Compensation

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A worker’s compensation accident is compensable an “unexplained incident” is not. When a prospect calls me for help, I don’t want to find out the worker was injured and does not know what happened. This is especially a problem when the worker is working alone. Often, in this situation the worker ...
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Social Security Disability for a Mental Impairment

Social Security Disability

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The basic test for disability for Social Security is the impairment must be so severe it renders the claimant incapable of working for more than 12 months.The problem I see with most people who call in with a mental impairment is they have a diagnosis of depression, anxiety or bi-polar. This type ...
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The Workers Compensation Hearing — The Importance of the Record

Virginia Workers' Compensation

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Today, I had two (2) prospective clients contact me. They both had the same problem. They had already had their hearings and had both lost. In both cases the problem was the record. In Case Number One the claimant had fallen down the stairs at VCU. She claimed the accident occurred because the ...
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Richmond, Virginia Medical Care Denied After Workers Compensation Accident

Virginia Workers' Compensation

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Many call my firm with the following situation:They have an award for lifetime medical coverage for an accident on the job. The award may be years old. Suddenly, the insurance company “cuts off” the medical care for the accident. The insurance company says there is no evidence the problem is still ...
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Appealing a Virginia Workers’ Compensation Denial

Virginia Workers' Compensation

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Many claimants are confused when their Virginia Workers’ Compensation claim is denied. They need to draw a distinction between a denial by the insurance company and a denial by the Virginia Workers’ Compensation Commission.First, most employers have obtained workers’ compensation insurance to cover ...
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Virginia Workers’ Compensation Accident and Use of Cell Phone While Operating Motor Vehicle

Virginia Workers' Compensation

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At present, you can recover workers’ compensation in Virginia for use of the cell phone. This is especially the case when the injured worker’s job requires use of the cell phone. Recent Case Where Commission Awarded Compensation for Accident Caused by Use of Cell Phone. At the present time, the ...
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A Virginia Workers’ Compensation Accident and the ER Report

Virginia Workers' Compensation

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If there is a question about causation of an accident, the emergency room report can be extremely important. The Hearing Commissioner in a Virginia Workers’ Compensation case will often look to the history contained in that first accident medical record to see if the record corroborates the ...
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Injured at Work in Virginia and Fired: What to do?

Virginia Workers' Compensation

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It can happen. You are injured at work. The employer is upset. The employer knows his insurance rates will go up. As a retaliation for the injury he “fires” you. First, unless you are a union or government worker, the employer normally has the right to fire his/her employees for no reason at all. ...
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Social Security Disability & Your Doctor

Social Security Disability

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For a claimant, the first step in a Social Security Disability Case should be a meeting with his/her doctor. Does the doctor support the claim for disability? If so, will the doctor write a letter supporting the claim? Does the doctor’s treatment records support the claim? For example, if the ...
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Virginia Workers’ Compensation & The Treating Doctor

Virginia Workers' Compensation

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Most claimants do not understand the importance of the treating doctor when they are injured. The Virginia Workers’ Compensation Commission when all things are equal gives decisive weight to the opinion of the treating doctor. Usually, the treating doctor is the first doctor who treats the claimant....
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