Mace v. Merchants Delivery Moving & Storage

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that \a change in an attending physician's opinion concerning an employee's ability to resume work\ is sufficient to prove a change in condition
• holding that in the absence of any objective medical evidence of continued physiological abnormality, a physician’s opinion that the employee is able to resume unrestricted work qualifies as a change in condition
• change in condition is not limited to changes in employee’s -3- physical condition, but also allows consideration of change in attending physician’s opinion as to whether employee has ability to resume work
• statute .defined “change in condition” to mean “a change in physical condition of the employee as well as any change in the conditions under which compensation was awarded or terminated which would affect the right to, amount of, or duration of compensation”
• an attending physician’s opinion concerning an employee’s ability to resume work
• with unequivocal medical evidence that the claimant was fully able to return to unrestricted work and the absence of any evidence to the contrary, the commission could only conclude that the claimant was able to return to work, regardless of the placement of the burden of proof

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Greif Companies (GENESCO) v. Sipe
  Court of Appeals of Virginia· 1993-07-06· cited 64×
• Lucero v. Climax Molybdenum Co.
  Supreme Court of Colorado· 1987-02-09· cited 44×
• Cook v. City of Waynesboro Police Department
  Supreme Court of Virginia· 1983-03-11· cited 39×
• Amp, Inc. v. Ruebush
  Court of Appeals of Virginia· 1990-05-08· cited 37×
• King's Market v. Porter
  Supreme Court of Virginia· 1984-06-15· cited 36×
• Arellano v. Pam E. K's Donuts Shop
  Court of Appeals of Virginia· 1998-02-03· cited 20×
• Whitney v. AGSCO DAKOTA
  South Dakota Supreme Court· 1990-04-04· cited 20×
• Ratliff v. Rocco Farm Foods
  Court of Appeals of Virginia· 1993-04-13· cited 19×
• Mize v. Rocky Mount Ready Mix, Inc.
  Court of Appeals of Virginia· 1991-01-29· cited 13×
• The Fingles Co. v. Tatterson
  Court of Appeals of Virginia· 1996-07-09· cited 11×
• Central Virginia Training Center v. Martin
  Court of Appeals of Virginia· 1986-04-15· cited 9×
• Avery v. Virginia Retirement System
  Court of Appeals of Virginia· 1999-11-09· cited 3×
• MacE v. MERCHANTS DELIVERY, ETC.
  Supreme Court of Virginia· 1980-10-10
• Dairymen/Flav-O-Rich, Inc. v. Shaffer
  Supreme Court of Virginia· 1983-03-11

Cites

4 cases in this archive are cited by this case.

• Allen v. Mottley Construction Co.
  Supreme Court of Virginia· 1933-06-27· cited 71×
• J. A. Foust Coal Co. v. Messer
  Supreme Court of Virginia· 1954-03-15· cited 40×
• J. A. Jones Construction Co. v. Martin
  Supreme Court of Virginia· 1956-09-04· cited 30×
• Boxley v. Onorato
  Supreme Court of Virginia· 1978-04-21· cited 6×