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Written by attorney Gerald Lutkenhaus, almost 3 years ago.
In my 30 years of practice as a Virginia Workers' Compensation Lawyer, I have had many claimants contact me and say my work or my supervisor is causing me mental stress. Many times these claimants have gone to a psychiatrist or a psychologist for treatment. Often, the impairme...
8 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
As a Virginia Workers Compensation practitioner for 35 years I often have to respond to questions about illegal aliens and their workers compensation rights. The Commonwealth of Virginia has decided to provide partial Virginia Workers Compensation benefits to illegal aliens whe...
13 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
The Virginia Workers' Compensation Law was adopted in 1918. The law provides compensation for lost wages and medical benefits. The common law right to sue the employer for the work place injuries in Virginia was abolished. However, the employer lost the right to defend the accide...
6 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
Many people are frustrated because applying for Social Security Disability can take so long. In an effort to streamline the process there has been an effort to identify certain types of cancer and other conditions that would allow a finding of "immediate disability" approval. In...
6 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
I had a recent case involving a 46 year old with severe scleroderma of the hands and other parts of the body. Scleroderma is a chronic autoimmune disease characterized by hardening of body tissue (fibrosis). Mr. Smith had a difficult time walking and using his hands for any gainf...
5 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
Social Security has a set of Impairment Listings. At one time "obesity" had an impairment listing. Thus, if the applicant was of a certain height and weight, then the applicant received Disability. For example, if you were 5'2" and 300 pounds, then you were well on your way to wi...
3 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
5 important factors in Social Security Disability.
13 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
In Virginia if you are partially disabled you cannot obtain workers' compensation unless you can show you are making a "reasonable effort" to look for light duty work. In a recent case, the Virginia Court of Appeals reversed an award for a claimant and signaled a last minute job ...
12 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
The Commission does have to approve a Virginia Workers Comp Settlement. These are reasons why they may not be approved.
12 people found this guide helpful
Written by attorney Gerald Lutkenhaus, almost 3 years ago.
As a Virginia Workers Compensation practitioner many of my clients want to know what job protection they have when they have an injury. The FMLA (the Family and Medical Leave Act) is a federal law that provides job protection for 90 days for any type of family emergency including...
12 people found this guide helpful