Removing Wasp Nest in the Course of the Employment

 

Workers' Compensation Case Watch

The Virginia Workers' Compensation Commission recently addressed the “in the course of” requirement in Redleaf v. W&L Mail Service, Inc., JCN. VA00001513936 (June 11, 2019).

The claimant, a bulk mail delivery driver, arrived at the loading dock of a post office.  When the claimant got out of his truck, he noticed a large wasp nest above the stairs and wasps flying around.  He asked a post office employee to take care of the nest because he did not want to get stung.  The post office employee sprayed the nest and spray ran down the walls to the ground.  The claimant got a broom to knock the nest down.  The post office employee was too short to reach the nest, so he asked the claimant to use the broom to knock it down for him.  The claimant jumped up to knock the nest down, slipped on a substance that he believed was wasp spray, and hurt his ankle. 

The claimant testified that removing the nest would ensure that there would not

Read More

McCandlish Holton Workers' Compensation Announces Attorney's Return

Jessica Hacker Trivizas returns home to McCandlish Holton's workers' compensation team after working on the NFL Concussion and BP Oil Spill settlements. Her background on these mass claims resolution programs gives her unique insight into the work of claims adjusters. 

Read More

Impairment Ratings Related to Total Joint Replacement in Workers' Compensation Claims

By: Amanda Tapscott Belliveau

The Court of Appeals recently addressed the issue of impairment ratings as they relate to total joint replacements in Loudoun Co. v. Richardson, Record No. 1533-18-4 (April 16, 2019). The claimant sustained an injury to his hip, and the treating physician assigned a 74% loss of use rating to his left leg based upon his impairment prior to undergoing a hip replacement.  The Court of Appeals rejected the employer’s argument that the appropriate measure of loss is the claimant’s impairment after his hip replacement, as the implanted prosthetic enabled him to achieve maximum medical improvement.  The Court of Appeals found that the loss of use is measured by a claimant’s impairment at the time of the necessary implantation of the corrective device.  The Court of Appeals found that nothing in

Read More

18th Annual Workers’ Compensation Seminar

The Workers' Compensation practice group at McCandlish Holton is thrilled to announce our 18th Annual Workers' Compensation Seminar. The seminar is one of the premier industry events in the Mid-Atlantic Region-- a full day of useful information and continuing education free to adjusters, risk managers, employers, nurse case managers, and brokers. The event will take place September 26, 2019 in Richmond, Virginia. 

Read More

"Act of God" and Compensability in Virginia

By: Eva C. Roffis and Joseph T. McNally, Jr.

With the spring season here and the summer months approaching, many employers may find an increase in work tasks to be performed outdoors. As a result of increased productivity outdoors, employees will be exposed to varying weather conditions and forces of nature in the form of wind, rain, lightning, hail, etc. However, accidents and injuries caused by weather conditions must be tied to an actual risk of employment in order to be found compensable.

"Act of God" and the Actual Risk Test

In Virginia, the “actual risk” test requires that the employment task expose the employee to the particular danger that instigated his or her injury. Under the actual risk test, evidence of an injury while at work from a force of nature, standing alone,

Read More

Material Misrepresentation on an Employment Application as a Defense to Workers' Compensation Claims

A Resource to Utilize in Workers' Comp Defense

Read More

Case Analysis: Falling Asleep Behind the Wheel

By: Esther King, Esq. 

Read More

2018 Annual Review of Virginia Workers' Compensation Trends

By: Amanda Tapscott Belliveau, Esq. 

Read More

Using Social Media Evidence to Defend Workers' Compensation Claims

By: Eva C. Roffis

Read More

Beat the Heat: Defending and Preventing Heat Exposure Claims

By: Emily C. Whitaker 

Read More