McCoy v. Diamond Auto Glass and American Zurich Ins. Co. (2009)

Settled for $113,200 and payment of medical benefits.  Client was a store manager in Staunton.  He injured his back in December 2007 and continued to work on light duty until February 2009 when he was laid off.  In March 2009 the insurance company began vocation rehabilitation services bu;t would not pay him his lost wage benefits or accept his claim.  We asked for a hearing before Deputy Commissioner Culbreth in Harrisonburg.  Neither the employer or insurance company chose to attend.  Deputy Commissioner Culbreth held that our client was entitled to temporary total disability benefits and sanctioned the employer and insurance company by ordering them to pay for our client’s attorney’s fees.  The employer and insurance company filed an appeal with the Worker’s Compensation Commission, but subsequently agreed to settle the claim.