J. Campbell came to my office and said he had been injured at work. He had fallen from a ladder and suffered a head injury. Due to his skull fracture he also lost 100% of the hearing in his left ear. We filed a claim for payment of this hearing loss with the Virginia Workers’ Compensation Commission. The insure defended claiming the "hearing loss" was not permanent since the doctor had recommended surgery that would improve the hearing in the bad ear. However, the proposed procedure ( "BAHA" procedure) is an operation to conduct hearing from the "good" ear to the "dead" ear. It does not correct or improve the function of the "dead" ear. The Commission accepted our argument and awarded Campbell compensation for a 100% loss of the left ear on August 28, 2012.
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Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/ attorneys/23230-va-gerald-lutkenhaus-1814627.html