Legal Question in Workers Comp in Virginia

Re: why the insurance cuts my aproved benefits every time they appeal?

Dear Sir:

You indicate the insurance company is not paying benefits in your case. If you have an attorney he should be advising you. Generally, an appeal nullifies the decision of the Deputy Commissioner until the appeal is resolved. However, if the decision only deals with part of your claim, you may be able file a claim for nonpayment of the benefits (that were the subject of a prior award). Of course, without reviewing your decisions, I could not give you more specific advice. Also, if you have an attorney, I could not interfere in the relationship with your current attorney. I am basing this opinion on my 25 years of experience with workers' compensation.

Gerald G. Lutkenhaus

804-358-4766

Re: why the insurance cuts my aproved benefits every time they appeal?

S65.2-706 of the Virginia Workers' Compensation Act provides that if an appeal is taken by the employer's insurance carrier from a review decision of the full Commission to the Virginia Court of Appeals, or from the latter to the Virginia Supreme Court, the appeal operates as a suspension of the award, and there is no obligation on the part of the insurance carrier to pay the benefits awarded by the Commission until a final decision is rendered by the appellate courts on the appeal.

The Virginia Court of Appeals is, however, suppose to give these cases "priority docketing".

It's obviously time that you retain a lawyer to look into this. If you can't afford to hire one, your local legal services agency may be able to help in providing you one.