Representing Self-Insureds and Insurance Carriers


Contact Lucas & Kite PLC

Each link is provided solely as a resource that may contain information to assist you with your problems or concerns and Lucas & Kite, PLC is not responsible for the content of any linked site.

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.

Information contained in our website may describe legal matters handled in the past by Lucas & Kite, PLC. The results we achieved depended on factors unique to each case and do not guarantee or predict a similar result in any future cases undertaken by Lucas & Kite, PLC

Contact Us Today