708 S.E.2d 450
Va. Ct. App.2011Background
- King suffered a low back injury on November 5, 2007 while employed by Hampton Inn and Selective Insurance.
- On March 12, 2009 the commission approved a compromise settlement: $30,000 and six months of medical expenses, thereafter King would bear medical costs.
- In April–May 2009 King sought a weight loss program (Duke program) endorsed by her doctors; employer accepted compensability but disputed certain medical expenses.
- October 2009 deputy commissioner extended five months for payment of medical benefits following discussions and a settlement post-hearing.
- August 2010 the commission affirmed the extension under the doctrine of imposition, prompting employer to appeal.
- Virginia Court of Appeals reverses, holding the doctrine of imposition was improperly applied and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expiration date for medical benefits can be extended beyond the compromise terms. | King | Hampton Inn | Extended; implied by imposition doctrine |
| Whether the doctrine of imposition applies to modify a compromise settlement. | King | Hampton Inn | Not applicable; reversed |
| Whether the employer’s actions in offering a different weight loss program show medical necessity or accommodation of the Duke program. | King | Hampton Inn | Need not reach on Rule 5A:18; not necessary to sustain |
| Whether there is evidence of medical necessity for the Duke weight loss program. | King | Hampton Inn | Not reached; Rule 5A:18 applies |
Key Cases Cited
- John Driggs Co., Inc. v. Somers, 228 Va. 729 (1985) (set aside awards for fraud, mistake or imposition)
- Harris v. Diamond Const. Co., 184 Va. 711 (1945) (imposition authority under proper circumstances)
- Avon Prods., Inc. v. Ross, 14 Va.App. 1 (1992) (imposition nexus in settlement contexts)
- Odom v. Red Lobster #235, 20 Va.App. 228 (1995) (doctrine does not apply when actions comply with Act)
- Cheski v. Arlington County Public Schools, 16 Va.App. 936 (1993) (employer acts must align with Act for imposition to apply)
- Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276 (2005) (threshold showing of unfairness required for imposition)
- Dunrite Transmission v. Sheetz, 18 Va.App. 647 (1994) (tolled time for medical benefits upon hearing request)