Gerald G. Lutkenhaus Law Blog

Departure of "Labor" Commissioner Raises Great Uncertainty in Virginia Workers' Compensation Law

Wednesday, October 26, 2011 by Gerald G. Lutkenhaus

At the end of 2011 Virginia will lose its "labor" representative on the Virginia Workers' Compensation Commission.... Read More
Posted at 16:46 PM  |  PERMALINK
Topic: Workers Compensation

Will Hiring an Attorney Win You Your Social Security Disability Case?

Friday, October 14, 2011 by Gerald G. Lutkenhaus

Hiring a lawyer will not necessarily win your disability case. However, if you have a good case, an experienced Social Security lawyer can present it to a judge in such a way that it will give you a good chance to prevail.... Read More
Posted at 12:07 PM  |  PERMALINK
Topic: Social Security Disability

Cell Phones, Virginia Workers Compensation & Motor Vehicle Accidents

Friday, October 14, 2011 by Gerald G. Lutkenhaus

If your cell phone use is connected to work, then you may recover Virginia Workers Compensation benefits if using it causes a motor vehicle accident.... Read More
Posted at 11:50 AM  |  PERMALINK
Topic: Workers Compensation

Now Do You File a New Social Security Disability Claim or Do you Appeal?

Friday, August 5, 2011 by Gerald G. Lutkenhaus

  Social Security appeals to the Appeals Council may no longer be worth the long delay. It may be better to file a new claim. Due to a new SSR you cannot do both.   ... Read More
Posted at 16:38 PM  |  PERMALINK
Topic: Social Security Disability

Social Security Ruling Turns the Appeals Council into the "Bleak House"

Tuesday, August 2, 2011 by Gerald G. Lutkenhaus

Social Security by issuing SSR Ruling 11-1p has cut off the Appeals Council as an avenue to pursue justice when one has a bad administrative law judge (ALJ). ... Read More
Posted at 10:57 AM  |  PERMALINK
Topic: Social Security Disability

Virginia Workers Compensation Commission denies compensation for replacemnt of artificial joint.

Thursday, May 5, 2011 by Gerald G. Lutkenhaus

The Virginia Workers Compensation Commission refuses to allow a claimant who had her prosthesis removed and replaced by a rod to file for additional compensation. The Commission advised her statute of limitations had expired. The Commission reached this conclusion by narrowly interpreting the law.... Read More
Posted at 16:21 PM  |  PERMALINK
Topic: Workers Compensation

Accident or No Accident in Virginia Under the Workers Comp Rules

Friday, April 22, 2011 by Gerald G. Lutkenhaus

Virginia requires proof of a specific accident in order for the claimant to have a compensable workers compensation case. ... Read More
Posted at 13:08 PM  |  PERMALINK
Topic: Workers Compensation

Getting a New Social Security Judge

Friday, April 22, 2011 by Gerald G. Lutkenhaus

There is a way to get a new and different social security judge but the process is long and difficult. ... Read More
Posted at 12:39 PM  |  PERMALINK
Topic: Social Security Disability

New Brain Injury Rule in Virginia---Does It Change Anything?

Friday, April 8, 2011 by Gerald G. Lutkenhaus

The new statute in Virginia may not really create a favorable presumption for workers who suffer a brain injury at work.... Read More
Posted at 09:05 AM  |  PERMALINK
Topic: Workers Compensation

Early Retirement can forfeit Virginia Workers' Compensation benefits.

Tuesday, February 22, 2011 by Gerald G. Lutkenhaus

An employee may not know this but early retirement can mean the end of Virginia workers' compensation benefits.... Read More
Posted at 14:43 PM  |  PERMALINK
Topic: Workers Compensation
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