Category Archives: Workers Comp

Horseplay Doctrine Alive And Well In Virginia

In Simms v. Ruby Tuesday, Inc., Record No. 0091762 (January 13, 2011) the Supreme Court of Virginia considered the issue of whether the actual risk test analysis articulated in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008) materially … Continue reading

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Photographer’s Negligence Claim Not Barred By Workers’ Comp

The U.S. District Court for the Western District of Virginia denied a motion to dismiss a negligence claim brought by a photographer against a car dealership.  The employer argued that the claim was barred by the exclusive remedy provisions of … Continue reading

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Fairfax Circuit Court Allows Injury Claim Against Employer

In Kyle E. Skopic v. James Wesley Tate, II, et al., the Fairfax Circuit Court held that an employee who was deceased and had no dependants was not covered by workers’ compensation, and so his estate was not barred from bringing a … Continue reading

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Don’t forget to file your paperwork.

In an unpublished opinion dated October 23, 2007, the Virginia Court of Appeals upheld an award of wage loss compensation back to 2001 — and a 20% penalty — to a former employee who was terminated in 2002 and obtained other employment because … Continue reading

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