Attorney John Johnson successfully defended the appeal of a decision from the Court of Appeals of Virginia to the Supreme Court of Virginia in the case of Marshello Carrington, Admin. Of the Estate of Carnell Carrington v. Aquatic Company and Insurance Company of the State of Pennsylvania. This significant decision clarifies the application of the “two causes rule” where an employee’s disability is caused by two factors, one of which is related to the employment, and one of which is not. Justice Kelsey, writing for a unanimous court, noted that the failure to distinguish between these differing scenarios would convert the Workers’ Compensation Act into a form of health insurance. By statute, the Supreme Court of Virginia will only consider a workers’ compensation case where the decision below presents a substantial constitutional question as a determinative issue or matters of significant precedential value. For the complete opinion go to http://www.courts.state.va.us/opinions/opnscvwp/1180243.pdf.
John concentrates on the defense of constitutional and civil rights claims and matters under 42 U.S.C. § 1983 in state and federal court, and the representation of self-insured employers and local governments in matters before the Virginia Workers’ Compensation Commission. In addition, he has an active appellate practice and frequently argues cases before the 4th Circuit Court of Appeals, the Court of Appeals of Virginia, and the Supreme Court of Virginia. He has experience in litigating catastrophic injury claims, employment law, and representing constitutional officers, local government entities, school boards, and municipal authorities in all phases of litigation throughout the Commonwealth of Virginia.