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 of Virginia in Abdulsalam v. LSC Communications, Inc., Record No. 0037-24-3 (Feb. 11, 2025) shows the dangers of ignoring or failing to comply with the Workers Compensation Commission’s orders related to these issues.
In Abdulsalam, the court affirmed the Commission’s dismissal of the injured employee’s claim for repeatedly violating the Commission’s orders.
Examples of Abdulsalam’s failures to comply included the following:
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- Waiting months to comply with an order to provide a proper travel ledger for his mileage claim
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- Missing multiple medical appointments despite Commission orders to undergo a CT scan and an EMG
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- Waiting to give the employer and insurer his available dates for a deposition and respond to other discovery requests.
Ultimately, the Commission ran out of patience and dismissed Abdulsalam’s claim, “a drastic punishment” that “should not be invoked except in those cases where the conduct of the party shows deliberate and contumacious disregard of the Commission’s authority.”
Noting the Commission’s power to enforce its rules and the provisions of the Workers Compensation Act and impose sanctions, the court reviewed the dismissal decision for an abuse of discretion. And it found none.
Instead, the court held that dismissal of the claim was within the range of choice available to the Commission and that it could not say that “reasonable jurists could not differ” on whether Abdulsalam’s “actions illustrated a deliberate abuse of process and disregard for the Commission’s authority.”
Therefore, the dismissal stands.
Takeaway:
- You should never ignore the Commission’s orders, even when you think they are wrong. Instead, you must note your objection and lodge a timely appeal. Then, if you lose on your objection and appeal, comply with the order. Otherwise, you risk forfeiture of available workers compensation benefits.
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