Myers v. Spotsylvania County Schools and VML Insurance Programs (2009)

Settled for $287,500.  Client was an elementary school guidance counselor that fainted and fell from a school bus breaking her femur.  The cause of her fainting was never resolved.  She subsequently developed reflex sympathetic dystrophy (RSD) and chronic regional pain syndrome (CRPS).  Her claim was denied by her employer and its insurance company.  The employer said that an unexplained fall was not compensable under Virginia law.  We maintained that her fall was covered under Virginia law as it was an idiopathic fall which could be explained.  The claim was settled on the courthouse steps minutes before the hearing was to begin in Spotsylvania  before Deputy Commissioner Tabb.