Virginia Court Appeals Denies Injured Worker’s Claim for Medical Benefits.

One of the most important factors in a workers’ compensation case is understanding the complex language and the statutory requirements as provided in the Virginia Workers’ Compensation Act. It is always my recommendation that you communicate with an experienced workers’ compensation attorney as soon as possible to avoid any procedural or regulatory pitfalls. The reason could be the determining factor as to whether you receive the benefits you are owed under the Act.

In a recent Virginia Court of Appeals case, an injured worker broke a bone in his left foot when he stepped on a pipe at his job. He filed a claim for the fractured left foot. It was not until several months later that an ultrasound revealed that the injured worker suffered from deep vein thrombosis (blood clot) and that the blood clot in his left leg was a direct result of his fractured left foot. Although the medical records substantially supported the deep vein thrombosis, the Virginia Workers’ Compensation Commission awarded benefits to the left foot and 5th metatarsal, only. Essentially, his deep vein thrombosis was not claimed and the award was not appealed.

Eventually the injured worker sought treatment to the left leg for the deep vein thrombosis. However, his medical treatment was denied. The injured worker brought this case to the Court of Appeals and the Court held that the injured worker was now barred from bringing forth the new claim of his deep vein thrombosis.

While this is just a brief synopsis, this case, like so many others, demonstrates the necessity of experienced counsel in the field of workers’ compensation. Whether you are injured while working in a port, shipyard, or for an employer in Virginia or North Carolina, let Attorney Morring and the Morring Law Team deal with the complex legal issues as you recover from your work injury.

Note: Attorney Morring did not represent the Claimant in the case noted above. The case is Rich v. Facebook, Inc. et al, Record No. 1154-21-4, May 17, 2022.