Cris R. Anderson v. Cris R. Anderson, d/b/a Anderson Plumbing and Firstcomp Insurance Company
65 Va. App. 354
| Va. Ct. App. | 2015Background
- Claimant Cris R. Anderson sustained a compensable right shoulder injury on August 18, 2011, with the carrier accepting it as compensable and awarding lifetime medical benefits and temporary total disability beginning November 10, 2011.
- While under treatment for the shoulder, Anderson slipped on March 6, 2013, claiming a lower back and left buttock injury in a fall during travel.
- A vocational rehabilitation effort led by GenX Services and Lowe’s interviews was organized, but Anderson resisted attending interviews and directed the rehab team to stop scheduling further interviews.
- The deputy commissioner found that Anderson unjustifiably refused vocational rehabilitation, suspending wage benefits.
- The full Commission affirmed the refusal finding but split on compensable consequences for the March 6, 2013 fall, with two Commissioners applying Mullins to deny medical benefits and a third dissenting; the court remanded for factual development under the proper standard.
- The court ultimately affirmed the unjustified-refusal finding, reversed Mullins-based denial of compensable-consequence treatment, and remanded for fact-finding under the Immer standard to determine whether the March 6, 2013 injuries are compensable consequences of the 2011 injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anderson unjustifiably refused vocational rehabilitation. | Anderson refused to meet; medical evidence did not prove inability to work. | Employer provided or offered reasonable vocational rehab and Anderson prevented interviews. | affirmed that Anderson unjustifiably refused vocational rehabilitation. |
| Whether the March 6, 2013 fall is a compensable consequence of the August 18, 2011 injury. | Immer allows compensable consequences for falls/auto trips to treatment; Mullins misapplies rule. | Mullins rule precludes compensable-consequence from a fall unless traveling on public highways; fall not compensable. | reversed Mullins-based denial and remanded to apply the Immer-based standard with necessary fact-finding. |
Key Cases Cited
- Immer v. Brosnahan, 207 Va. 720 (1967) (compensable consequences for travel to treatment in certain contexts; broader travel-applies to falls and auto accidents)
- Farmington Country Club, Inc. v. Marshall, 47 Va. App. 15 (2005) (natural consequences; rule for compensable consequences remains case-specific)
- Haftsavar v. All American Carpet & Rugs, 59 Va. App. 593 (2012) (compensable-consequences framework; independent intervening cause analysis)
- Imperial Trash Serv. v. Dotson, 18 Va. App. 600 (1994) (same compensable-consequences principle; independent intervening cause)
- Morris v. Badger Powhatan/Figgie, Int'l., Inc., 3 Va. App. 276 (1986) (direct and natural results; independent intervening cause)