News

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Kegley v. Hot-Rock Haulers, LLC Virginia Workers’ Compensation Commission VA02000037886 Decided January 25, 2023 A truck driver was not in the course and scope of employment when he was assaulted by other drivers in a road rage incident. Background Claimant drove a tractor trailer, which had a large blind… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Duff v. Kanawha County Commission Intermediate Court of Appeals of West Virginia No. 22-ICA-10 Decided: December 9, 2022 Examining physicians must examine all relevant information available to them and clearly identify in their reports what they have examined and considered and how they have arrived at their conclusions… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Lingelbach v. Cummings Bridgeway, LLC (WCAB) Commonwealth Court of Pennsylvania No. 1092 C.D. 2021 Decided: January 4, 2023 A carrier is permitted to recoup overpayment of future benefits. Background Following litigation of a Petition to Modify, the Claimant began receiving reduced compensation. Employer mistakenly paid Claimant’s 20% attorney fee… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary In Re: ST ANDREWS UNITED METHODIST CHURCH, ET AL Unreported Opinion In the Appellate Court of Maryland (formerly the Court of Special Appeals) Filed: January 25, 2023 The 5 year statute of limitations is an affirmative defense which must be plead before the Commission at the initial hearing on… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Miller v. DBHDS / VA Center for Behavioral Rehabilitation Virginia Workers’ Compensation Commission VA00000134818 Decided January 18, 2022 A treating physician offering “to do a PPD rating at the request of the work comp carrier,” by itself, is insufficient to establish disability within 36 months. Background Claimant sustained a… read more