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Workers Compensation-Miscellaneous

Fairfax Injury Lawyer Brien Roche Addresses Workers Compensation-Miscellaneous

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Workers’ Compensation-Miscellaneous.  

Workers Compensation-Miscellaneous-Statutes

 

See Va. Code § 46.2-476 stating that workers’ compensation benefits supersede benefits payable under auto policy.

Workers Compensation-Miscellaneous-Cases

2005 Hudson v. Jarrett, 269 Va. 24, 606 S.E.2d 827.

Plaintiff was injured on the job. Plaintiff’s employer and worker’s compensation carrier sought to intervene to protect their claims under the Federal Longshoreman’s Act under which worker’s compensation benefits were paid. Under federal law, their lien attached automatically to any amounts received by the employee. Intervention should be limited to those parties who are legitimately plaintiffs or defendants in litigation. That did not apply in this case and, as such, motion to intervene was denied.

2003 Yellow Freight Sys., Inc. v. Courtaulds Performance Films, Inc., 266 Va. 57, 580 S.E.2d 812.

For workers’ compensation insurance carrier to perfect its claim for subrogation, it must file petition or motion seeking to assert such subrogation claim prior to verdict or, in this case, prior to settlement having been reached since all such claims were disposed of under the terms of the settlement. Since the carrier did not do that in a timely fashion, its subrogation right is barred.

2002 Liberty Mut. Ins. Co. v. Fisher, 263 Va. 78, 557 S.E.2d 209.

Wrongful death action. Decedent was killed in the course of employment. Workers’ compensation claim for death benefits was filed on her behalf. In addition, third-party action was filed against railroad that was deemed to be responsible for death. Action against railroad was eventually settled. Workers’ compensation carrier sought to intervene to protect its lien. One of the statutory dependents under the Wrongful Death Act renounced her entitlement to death benefits under the wrongful death settlement and based upon that, trial court denied reimbursement to workers’ compensation carrier for benefits paid to that dependent. Supreme court concluded that actual receipt of benefits under the Wrongful Death Act is not condition precedent to workers’ compensation carrier’s right to assert and protect its lien. In this instance, Liberty Mutual was entitled to the full protection of its lien and trial court had no discretion to reduce that lien.

1997 Mullins v. Virginia Lutheran Homes, 253 Va. 116, 479 S.E.2d 530.

Plaintiff worker filed suit against former employer alleging that she had been discharged because she filed Workers’ Compensation claim. Circumstantial evidence of employer’s motive was presented and trial court was in error in striking case. In this case employee was discharged about one month after filing claim. There is evidence that employer told employee she was being discharged due to her injury, and further there is evidence that employer placed priority on avoiding Workers’ Compensation claims. This circumstantial evidence created jury issue.

1982 Richmond Newspapers, Inc. v. Gill, 224 Va. 92, 294 S.E.2d 840.

Newspaper carrier held independent contractor not covered by Workers’ Compensation Act. Most important criterion is control which includes power to control, not only result, but also means. Although contract may designate person as independent contractor, that is not conclusive. Contracts containing express limitations to terminate are more characteristic of independent contractors than employee.

For more information on workers compensation see the pages on Wikipedia.

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Workers Compensation-Miscellaneous

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