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Virginia Workers Compensation
Injured man’s widow wants to reform Virginia workers comp laws
Posted on Jun 26, 2009
The widow of a man who died after suffering from an injury sustained at the Owen Trucking parking lot outside Fredericksburg wants to see changes in Virginia’s workers’ compensation laws that denied her benefits.
The man, Arthur Pierce, was found one morning in Septmber 2006 unconscious in a pool of blood next to his truck. Pierce never regained consciousness and was therefore unable to explain what caused his accident. Without witnesses, investigators could only speculate on how he was hurt.
Pierce died after 16 months in a coma, leaving behind his wife Claire. Mrs. Pierce applied for workers’ compensation on behalf of her husband, believing that his injuries and death would be covered. Not so.
Mrs. Pierce was denied compensation by both the trucking company and by the Virginia Workers’ Compensation Commission. The fact that her husband was not able to testify as to the cause of his accident was cited as a reason for the denial in both cases, despite the fact that accident happened at work and while he was clocked in.
What Mrs. Pierce then learned is something fueling her drive to reform the rules: if her husband had died at work when the accident happened, very likely he would have been eligible for insurance benefits. However, because he lived – even though he never came out of a coma and later died – benefits were denied.
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