Representing Self-Insureds and Insurance Carriers


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.

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.

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