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Keywords

testimonyworkers' compensationsustained
testimonyworkers' compensationsustained

Related Cases

Pro-Football, Inc. v. Uhlenhake, 37 Va.App. 407, 558 S.E.2d 571

Facts

Uhlenhake testified that he sustained an injury on September 28, 1997, during a regularly scheduled game when another player fell on his left ankle and foot. Uhlenhake reported the injury to the team's trainer and continued in the game.

Issue

Are professional football players exempt from coverage under the Workers' Compensation Act for injuries sustained during the course of their employment?

Are professional football players exempt from coverage under the Workers' Compensation Act for injuries sustained during the course of their employment?

Rule

To establish an injury by accident under the Workers' Compensation Act, a claimant must prove that the injury occurred suddenly at a specific time and place due to an identifiable incident, resulting in a mechanical or structural change in the body. Even if the injury was not accidental in cause, it may still be compensable if it was accidental in result.

Analysis

The court analyzed whether Uhlenhake's injuries were compensable under the Workers' Compensation Act. It determined that Uhlenhake's ankle injury was the result of a specific incident during a game, supported by medical testimony. In contrast, the knee injury was deemed non-compensable as it resulted from cumulative trauma over time, with no identifiable incident reported by Uhlenhake.

The issue raised by conflicts in medical opinions is a factual matter to be resolved by the Workers' Compensation Commission. The fact that contrary evidence may be in the record is of no consequence if credible evidence exists in support of the Workers' Compensation Commission's findings.

Conclusion

The court affirmed the Workers' Compensation Commission's decision, awarding benefits for the foot injury while denying benefits for the knee injury.

For these reasons, we affirm all aspects of the commission's decision.

Who won?

Jeffrey A. Uhlenhake prevailed in part, receiving benefits for his left foot injury. The court found that the evidence supported his claim of a specific incident leading to the injury, as he reported the injury immediately and medical testimony corroborated the extent of his impairment. However, he did not prevail regarding the knee injury, which was determined to be a result of cumulative trauma rather than a specific incident.

Uhlenhake was entitled to medical benefits and permanent partial disability benefits. The commission found Dr. Linehan's testimony to be persuasive. The commission also found that the record contained 'no testimony or other medical evidence to the contrary.'

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