Victoria's Secret & Gallagher Basset Services v. Nicole Mauldin, 0212172

On January 9, 2016 Nicole Mauldin fell from a ladder at work and claimed neck, shoulder, back, right hip, head, and right leg injuries, including lower-back pain and right-leg numbness/tingling.
Mauldin repeatedly told employer during discovery and at the hearing she had no prior similar problems except a fully resolved 2010 fall.
Eleven days after the deputy-commissioner hearing (and one day before the deputy’s opinion), employer received medical records dated December 15, 2015 showing preexisting constant lower-back pain, right-hip tenderness, reduced right-leg range of motion, and numbness/tingling down the right leg.
Employer moved to reopen/reconsider and to dismiss based on Mauldin’s failure to disclose those records; the deputy denied relief and the full Commission refused to consider the records as after-discovered evidence, finding employer could have obtained them earlier with due diligence.
The Court of Appeals concluded the December 15, 2015 records were obtained after the hearing, were material to causation/condition, were not reasonably knowable to employer given Mauldin’s denials, and that the Commission erred by refusing to reopen the record under Rule 3.3.
The Court reversed and remanded for an evidentiary hearing to determine whether the records constitute after-discovered evidence warranting modification; other assigned errors were not reached and sanctions were denied.

Issue	Mauldin's Argument	Employer's Argument	Held
Whether the Commission erred by refusing to consider the December 15, 2015 medical records as after-discovered evidence	Records were either known or cumulative; no basis to reopen	Records were obtained after hearing, could not have been found earlier given Mauldin’s denials, are material and could change outcome	Court reversed: Commission erred; must reopen record and hold hearing on after-discovered evidence
Whether claim should be dismissed for Mauldin’s concealment of prior medical history	No dismissal; concealment not shown to bar compensation	Concealment of relevant prior records justified dismissal or adverse action	Not reached on merits — remand for hearing may affect this issue
Whether Mauldin suffered a continuing causally related disability from the workplace injury	Disability linked to work fall	Preexisting condition could explain symptoms	Not decided — remanded for further factfinding on impact of the records
Whether Mauldin established a treating relationship and whether Commission improperly favored her physician over employer’s expert	Treating-physician relationship and opinion entitled to weight	Employer’s expert should control; treating relationship not established	Not decided — remanded; appellate court did not resolve these factual disputes

Van Buren v. Augusta Cty., 66 Va. App. 441 (2016) (appellate review view favorably to prevailing party below)
Town & Country Hosp., LP v. Davis, 64 Va. App. 658 (2015) (standards for appellate review of commission findings)
Newport News Shipbuilding & Dry Dock Co. v. Wardell Orthopaedics, P.C., 67 Va. App. 404 (2017) (deference to commission factual findings; legal questions reviewed de novo)
Anderson v. Anderson, 65 Va. App. 354 (2015) (standards for reviewing commission factfinding)
Gwaltney of Smithfield, Ltd. v. Hagins, 32 Va. App. 386 (2000) (when sufficiency of evidence becomes a question of law)
Hilton v. Martin, 275 Va. 176 (2008) (when no conflict in evidence legal review applies)
Williams v. People’s Life Ins. Co., 19 Va. App. 530 (1995) (elements required to reopen for after-discovered evidence)
Mize v. Rocky Mt. Ready Mix, Inc., 11 Va. App. 601 (1991) (compelled reopening where material post-hearing medical evidence could change outcome)