Articles/Recent Cases

Jason D. Conley v. Norfolk Southern Corporation

Jason D. Conley v. Norfolk Southern Corporation

The Decision and Order of Administrative Law Judge Alice M. Craft found that the Claimant in this case failed to give to the Employer formal timely notice of a right shoulder injury sustained in the workplace in September of 2003…

The Charges:

A Right shoulder injury was sustained in the workplace in September of 2003

The Verdict:

Norfolk Southern Corporation

Judy Johnson, widow of Garnell Johnson, v. Northrop Grumman Shipbuilding

Judy Johnson, widow of Garnell Johnson, v. Northrop Grumman Shipbuilding

The Virginia Workers compensation Commission’s Deputy Commissioner, and a majority of the Full Commission agreed that three causes could have resulted in the cardiac arrest and that, while pulmonary embolism was a possible cause, the evidence did not preponderate to prove that it was a more probable cause than the other two…

The Charges:

The Claimant in this case died of cardiac arrest days after surgery for a work-related knee injury

The Verdict:

Northrop Grumman Shipbuilding

Carolyn Vick, widow of Allen Vick v. Northrop Grumman Shipbuilding

Carolyn Vick, widow of Allen Vick v. Northrop Grumman Shipbuilding

Defense of stress and suicide cases always poses a difficult task. Inevitably, medical records in a workers compensation case will be replete with statements about work related stress and depression…

The Charges:

The Claimant alleged her husband had committed suicide as a result of workplace stress

The Verdict:

Northrop Grumman Shipbuilding

Jacqueline Tynes v. Newport News Shipbuilding

Jacqueline Tynes v. Newport News Shipbuilding

The Benefits Review Board decision affirms the Decision and Order of Administrative Law Judge Krantz denying benefits a claim for temporary total disability based upon an injury to the right knee…

The Charges:

A claim for temporary total disability based upon an injury to the right knee

The Verdict:

Newport News Shipbuilding

Darryl Siverling v. Newport News Shipbuilding and Dry Dock Company

Darryl Siverling v. Newport News Shipbuilding and Dry Dock Company

The Opinion from Deputy Commissioner Wilder in this case, denies benefits for various periods…

The Charges:

The Claimant suffered an injury arising out of and in the course of his employment

The Verdict:

Newport News Shipbuilding and Dry Dock Company

Leon Townes v. Newport News Shipbuilding and Dry Dock Company

Leon Townes v. Newport News Shipbuilding and Dry Dock Company

The Board agreed the Administrative Law Judge rationally concluded that the left knee injury did not cause the condition of the Claimant’s right knee…

The Charges:

A claim based upon a left knee injury

The Verdict:

Newport News Shipbuilding and Dry Dock Company

Leonard Lassiter v. Newport News Shipbuilding

Leonard Lassiter v. Newport News Shipbuilding

The Benefits Review Board vacated and remanded this case to the Administrative Law Judge Malamphy in order to reconsider his decision denying the Claimant’s section 22 petition for modification…

The Charges:

The Benefits Review Board vacated and remanded this case to the Administrative Law Judge Malamphy in order to reconsider his decision denying the Claimant’s section 22 petition for modification

The Verdict:

N/A

Jereena Hazelwood v. Stephen Sessoms

Jereena Hazelwood v. Stephen Sessoms

Jury trial in Norfolk Circuit Court…

The Charges:

The defendant, suffering from a gunshot wound, ran a red light and hit the plaintiff’s vehicle at an intersection

The Verdict:

Stephen Sessoms

Christopher C. Lynch v. Newport News Shipbuilding and Dry Dock Company

Christopher C. Lynch v. Newport News Shipbuilding and Dry Dock Company

This decision by the Virginia Workers’ Compensation Commission states that the Employer may take credit under the Virginia Workers’ Compensation Act for payments made on behalf of the employer under the Longshore and Harbor Workers’ Compensation Act…

The Charges:

The Employer may take credit under the Virginia Workers’ Compensation Act for payments made on behalf of the employer under the Longshore and Harbor Workers’ Compensation Act

The Verdict:

Newport News Shipbuilding and Dry Dock Company

Leo Outland v. Cooper T. Smith Stevedoring, Universal Maritime Services, Virginia International Term

Leo Outland v. Cooper T. Smith Stevedoring, Universal Maritime Services, Virginia International Term

The Decision and Order of the Administrative Law Judge found that the Claimant did not sustain an aggravation of his June 1, 2002 work injury…

The Charges:

The Claimant sustains an aggravation of his June 1, 2002 work injury

The Verdict:

Cooper T. Smith Stevedoring, Universal Maritime Services, Virginia International Term

Employer Liability for the Consequences of Economic Layoff

Employer Liability for the Consequences of Economic Layoff

Article discussing employers’ liability for workers’ compensation recipients in economic layoffs, pursuant to the Longshore and Harbor Workers’ Compensation Act…

The Charges:

Should a workers’ compensation system be turned into an unemployment compensation system?

The Verdict:

N/A

Well-Planned Layoffs Avoid Lawsuits

Well-Planned Layoffs Avoid Lawsuits

Eliminate subjectivity in layoffs by having an objective selection process, such as evaluations. This helps in avoiding unnecessary litigation…

The Charges:

N/A

The Verdict:

Eliminate subjectivity in layoffs by having an objective selection process

Edward E. Pool v. Lambert’s Point Docks, Inc.

Edward E. Pool v. Lambert’s Point Docks, Inc.

Psychiatric injury claim under the Longshore Act defeated even though Claimant’s treating psychiatrist attributed Claimant’s ongoing disability and psychiatric illness to the cumulative stress of his workplace…

The Charges:

Claimant’s treating psychiatrist attributed Claimant’s ongoing disability and psychiatric illness to the cumulative stress of his workplace

The Verdict:

Lambert’s Point Docks, Inc.