Where a claimant fell while fishing and aggravated a work-related injury, the Virginia Workers’ Compensation Commission didn’t err when it awarded him disability benefits after crediting a doctor’s opinion about causation, the Court of Appeals of Virginia has held.
The doctor opined that the claimant’s fall aggravated preexisting shoulder arthritis and that he was more susceptible to falling injuries as a consequence of his work injuries.
The commission was convinced. And despite contrary arguments from the man’s employer, Judge Daniel E. Ortiz said there was no error.
“Because the Commission’s factual findings are supported by credible evidence and medical testimony, we find no error and affirm the decision of the Commission,” he wrote.
Ortiz was joined by Senior Judge Jean Harrison Clements and Judge Clifford L. Athey Jr. in Fairfax County v. Halisky (VLW 023-7-247).
Scott Halisky, a firefighter and EMT employed by Fairfax County, injured his left shoulder lifting a stretcher from an ambulance in January 2019. Fairfax County paid temporary disability and medical benefits under workers’ compensation.
Halisky still felt shoulder pain after having surgery and was referred to Dr. Lovallo for follow-up care. Eventually, Halisky was released from medical care and returned to work. Fairfax terminated his disability benefits.
In November 2020, Halisky fell from a fishing boat onto his injured shoulder while in Florida. Lovallo said Halisky’s MRI didn’t reveal a...
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