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A September 2015 determination that there was no medical evidence causally linking an employee’s workplace injury to her arthritis was not an invitation for the employee to create the evidence and “take another swing” on appeal, held the Court of Appeals of Virginia. The Court added that the employee had an opportunity to present such evidence at a hearing; she chose not to do so. She could not subsequently be rewarded with another opportunity. Issue preclusion and res judicata barred her continued claim for benefits.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Levy v. Wegmans Food Mkts., Inc., 2018 Va. App. LEXIS 86 (Apr. 3, 2018)
See generally Larson’s Workers’ Compensation Law, § 127.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law