Case: Health & Welfare Benefits/Permanent Disability (Va.)

The Virginia Court of Appeals erred by affirming an award of permanent disability benefits to a Merck & Co. employee based on an injury that was a compensable consequence of an earlier compensable injury, the Virginia Supreme Court ruled. The Virginia Workers’ Compensation Act, Code § 65.2-503(C)(1), allows an award for permanent total disability only if the disabling injuries arise from the “same incident,” and, here, there were two different accidents, the court explained.