Attorney Donald Edward Wise Jr.'s Legal Cases

Workers compensation

Utility Trailer Mfg. Co v. Testerman

Jul 12, 2011

OUTCOME: Benefits awarded for lost wages secondary to a furlouh from work for a pre-defined and limited duration were reversed on the grounds there was no causal relationship between the employee's restrictions and the wage loss.

711 S.E.2d 232, 58 Va. App. 474 (2011) The Workers' Compensation Act (the "Act") authorizes awards for lost wages resulting from an "incapacity for work resulting from" injury. Code § 65.2-500 et s ... eq. The issue here for resolution is whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, justifies an award for lost wages to a worker with restricted capacity, in the absence of evidence demonstrating a causal relationship between that restriction and the wage loss. The Court concluded such an award under these circumstances is not authorized by the Act by a split decision.

Workers compensation

Grayson School Board v. Cornett, 39, Va.App. 279, 572 S.E.2d 505 (2002)

Nov 26, 2002

OUTCOME: Affirmed Award of Compensation and Medical Care for Injured Worker

Successfully obtained an award of compensation and medical benefits for an injured school bus driver who fell as she disembarked from her school bus. The Court found the accident arose out of Ms. Corn ... ett's employment over the objection and defense of the Employer.

Workers compensation

Clinch Valley Medical Center v. Hayes

Dec 19, 2000

OUTCOME: Award of Benefits to the Claimant Affirmed

Clinch Valley Medical Center, the Employer, appealed the continuation of an award of benefits to Johnnie S. Hayes by the Workers' Compensation Commission. The employer contended the commission (1) acte ... d without authority when it authorized a deputy commissioner to sit with two commissioners to review a termination of the award opinion and (2) erred when it found the employer failed to prove the employee's condition was not related to the work accident. The Court concluded the commission did not err and affirmed its decision for the Claimant. 538 S.E.2d 369 (2000) 34 Va. App. 183

Workers compensation

Estep v. Earl Coal Co., Inc.

Nov 30, 2000

OUTCOME: Award of Lifetime Compensation to the Claimant purusant to Virginia Code Section 65.2-503(C)

VWC File No.: 143-03-78 The Claimant fractured both legs at work on October 3, 1989. He was awarded temporary total disbility benefits and drew out the statutory maximum 500 weeks of TTD benefits. ... The Claimant, by Counsel, filed a claim seeking lifetime compensation for Permanent Total Disability under Virginia Code Section 65.2-503(C) alleging the complete loss of function of two extremities for gainful employment. The Employer defended the claim asserting the Claimant was capable of using his legs in gainful employment. After discovery, an evidentiary hearing was held. The Deputy Commission awarded the Claimant's claim for Permanent Total Disability benefits. The Empoyer appealled the decision to the Full Commission. By Opinion dated November 30, 2000, the Full Commission Affirmed the Award of Lifetime Compensation to the Claimant.

Workers compensation

Jeanette Greer v. Smyth County Community Hospital

Dec 23, 1999

OUTCOME: Deputy Commissioner's denial of Claim Reversed and Benefits Awarded to Claimant

VWC File No.: 187-24-18 On Septmeber 5, 1997, the Claimant fell on steps while attempting to enter a patient's home to provide home health care. The claim for workers' compensation benefits was de ... nied on the basis that the accident did not "arise out of" the Claimant's employment. A hearing was held before a Deputy Commissioner on February 17, 1998 at which time the Claimant identified several reasons why she fell. By Opinion dated March 16, 1998, the Deputy Commissioner denied the Claimant's claim. The Claimant, by Counsel, appealed the decision the Full Commission. By Decision dated February 2, 1999, the Commission Reversed the Deputy Commissioner finding that a convergance of circumstances caused the Claimant to fall and Remanded the matter for a determination of the period of disability. By Opinion dated July 30, 1999, the Deputy Commissioner entered an award of a closed period of TTD benefits. This Opinion was appealed back to the Full Commission. By Opinion dated December 23, 1999, the Full Commission again Reversed the Deputy Commissioner and entered an award for ongoing TTD benefits. The matter was subsequently appealed to The Virginia Court of Appeals by the Employer but was settled prior to the issuance of an Opinion.

Donald Edward Wise Jr.'s Legal Cases (5)

Utility Trailer Mfg. Co v. Testerman

Grayson School Board v. Cornett, 39, Va.App. 279, 572 S.E.2d 505 (2002)

Clinch Valley Medical Center v. Hayes

Estep v. Earl Coal Co., Inc.

Jeanette Greer v. Smyth County Community Hospital