Summary of May 2025’s Labor Law Cases in Virginia
This roundup highlights two Virginia Court of Appeals decisions addressing critical labor and employment matters in May 2025. These include significant developments in workers’ compensation—offering insight into disability ratings and third‑party settlements.
Kpakio v. Sentara Healthcare — Virginia Court of Appeals (Record No. 2042‑23‑4)
Date decided: May 20, 2025
Summary: HVAC mechanic Tommy Kpakio suffered partial amputations of his right middle and ring fingers in a workplace accident (August 26, 2020), but also claimed phantom pain affecting his hand and arm, reduced grip, and tool limitations.
Ruling: The Workers’ Compensation Commission awarded disability only for the injured fingers (15% middle, 50% ring), adopting Dr. Miller’s impairment rating using the Sixth Edition of the AMA Guides. The Court of Appeals affirmed.
Implications:
- Medical evidence should apply current AMA guides.
- Disability ratings should focus on directly injured parts, even if broader function is impaired.
- Return to full-duty work supports limiting awards.
Goode v. Virginia Commonwealth University — Virginia Court of Appeals (Record No. 0290‑24‑2)
Date decided: May 13, 2025
Summary: Fawn Goode was injured on May 21, 2019, receiving temporary disability and lifetime medical benefits. After a $500,000 third-party settlement in 2023, VCU’s lien totaled $268,880.20.
Ruling: Under Code § 65.2‑313, the Commission suspended—but did not terminate—benefits, offsetting them using the third-party funds, with VCU reimbursing 41.58% of litigation costs until exhaustion. The Court affirmed.
Implications:
- Clarifies suspension vs. termination of benefits during third-party recovery.
- Establishes that employers can offset future compensations and must share legal costs proportionally.
- Benefits resume automatically once the offset is used.
Conclusion: Looking back on Virginia Labor Cases in May 2025
May 2025 brought pivotal Virginia labor law rulings focused on workers’ compensation, notably on disability calculations and third-party settlement handling. These cases guide medical evaluations, Commission orders, and benefits administration, reinforcing claimants’ rights and employers’ obligations.
If you have questions about similar legal matters—whether disability ratings, third-party recoveries, or any Virginia labor law issue—reach out to HKM for assistance.
