Can my employer stop paying workers' comp benefits without filing anything?

No. Under Virginia Code § 65.2-708 and Commission Rule 1.4, an employer obligated to pay benefits under an active Commission award must file a formal Application for Hearing to suspend or terminate benefits based on a change in condition. Simply stopping payments without a filing and without Commission approval violates the award and keeps the employer legally exposed for ongoing obligations.

What is a technical rejection by the Virginia Workers' Compensation Commission?

A technical rejection means the Commission refused to process an application because it failed to meet mandatory procedural requirements — such as certifying the date payments continued through. If the Commission dismisses the application before reviewing the merits, the employer loses the ability to litigate its substantive defenses without making additional payments or curing the defect.

Does a full-duty release automatically end my workers' comp benefits?

No. A full-duty release is evidence — not a termination order. An employer must present that evidence through a proper Commission application. Until the Commission modifies the award, the employer's payment obligations continue regardless of what the doctor's note says.

Virginia Workers Compensation & Injury Law Blog

Can You Get Workers’ Comp for PTSD from COVID Work in Virginia? (2026 Case Update)

Appellate Law, Workers' CompensationBy Corey Pollard March 24, 2026

Virginia Nurses and Healthcare Workers Can Win Workers’ Comp for COVID-Era PTSD If you are a Virginia nurse or healthcare worker who developed PTSD, major depressive disorder, or another mental health condition from working during the COVID-19 pandemic, you may be entitled to workers’ compensation benefits – even if your employer denied your claim,…

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Another Win Before the Court of Appeals of Virginia

Appellate Law, Workers' CompensationBy Corey Pollard March 18, 2025

Court of Appeals Agrees With Our Position that the Employer and Insurer Should Pay for the Permanent Impairment Rating Evaluation I have practiced workers’ compensation law for about 15 years. One of the most common disputes between injured employees and insurance carriers is who should pay for a functional capacity evaluation (FCE) that…

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Appellate Decision Shows the Risk of Ignoring VWC Orders

Workers' Compensation, Appellate Law, Discovery, LitigationBy Corey Pollard February 12, 2025

You may feel it is unfair to answer countless questions, produce documents, and attend medical examinations for the employer and insurer when you suffered an occupational injury or contracted a work-related illness. You have already been through – and continue to go through – a lot. But yesterday’s opinion from the Court of Appeals…

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How Long Does It Take to Get to Your Disability Hearing?

UncategorizedBy Corey Pollard February 11, 2025

What is the Average Wait Time for a Social Security Disability Hearing? Tom Petty was right: “The waiting is the hardest part.” Unfortunately, you may have to wait a long time for your disability hearing. This article discusses the average wait time until a hearing before an administrative law judge (ALJ) in…

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OSHA and Amazon Settle Citations with Ergonomic Measures

Workers' Compensation, AmazonBy Corey Pollard January 2, 2025

Amazon’s Settlement with the Occupational Safety and Health Administration (OSHA) Requires Amazon to Implement an Ergonomics Program Amazon’s warehouses (fulfillment centers) have hazardous working conditions. Countless media reports and investigations talk about these problems. And one study from the Center for Urban Economic Development at the University of Illinois-Chicago found that more than…

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