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
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
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
Secretary v. CP&O LLC, and its successors
Withdrawal of Citation and Notification of Penalty in wrongful death…
The Charges:
Withdrawal of Citation and Notification of Penalty in wrongful death
The Verdict:
N/A
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
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
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
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
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
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
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
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
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.
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.