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Gerald's Legal Blog

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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