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may contain information to assist you with your problems or concerns
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Virginia Workers’ Compensation Commission
Virginia Department of Labor and Industry
United States Department of Labor
Occupational Safety & Health Administration
Virginia’s Judicial System
RESULTS ACHIEVED DEPENDED ON FACTORS UNIQUE TO
EACH CASE AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS IN FUTURE
CASES UNDERTAKEN BY LUCAS & KITE, PLC.
Helen Hepler v. Petroleum Marketers, Inc., (VWC
File No. 236-73-00, 10/19/09)
This case is important in that it holds a claimant who is terminated
for “exceedingly poor job performance over an extended period
of time” may forfeit future indemnity benefits. The Commission
held that the claimant’s wage loss was properly attributable
to her conduct. This extends the doctrine of forfeiture beyond terminations
due to wrongful acts to include poor job performance.
Clifton v. Clifton Cable, 54 Va. App. 536, 680
S.E.2d 351 (2009)
The Virginia Court of Appeals held that claimant’s widow
was not entitled to benefits as a result of a vehicular accident
in which the claimant was killed. This case is significant in
that it affirmed the claimant was not entitled to death presumption
even though death occurred within minutes after a lifesaving crew
arrived. Further, the Court expanded unexplained accident defense
to cases where two vehicles collided in the middle of the road
but the cause of the collision is unknown.