We have seen several winning decisions appealed by insurance companies and employers despite excellent decisions by the trial judges of the Virginia Workers Compensation Commission. When an appeal is requested after a Virginia workplace injury hearing, it is called a "Review" and the case is decided by three Full Commissioners in Richmond.
Why do insurance defense lawyers appeal the trial decisions of our excellent Manassas, Charlottesville and Fairfax Virginia Workers Compensation judges ?
- It delays having to pay the claimant, who is then put under extreme financial duress,
- The delay may cause the disabled worker to settle for less than fair value,
- They do not have to pay interest or post a bond when seeking a "Review,"
- There is no new evidence, no witness testimony and no additional exhibits,
- There is no filing fee for a Review of a Virginia Hearing decision,
- Insurance defense counsel gets paid hourly to write the briefs and argue the appeal,
- The injured worker's attorney may then appeal as well, further delaying the case,
- They might get the decision reversed,
- They might get the claim remanded (sent back to the trial judge),
- They might not have to pay at all (if, for example, the claimant gets sick, injured or dies from some other cause, or gives up, fails to respond in time or loses due to some technicality, etc.).
If you or someone you know or care for has been injured as the result of an on the job car, truck, bicycle or motorcycle crash and there are questions about what laws apply and whether an appeal has merit, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once. Even if we cannot help, we probably know an experienced lawyer near you who can.