Patel v. Keiper

By Judge Donald W. Lemons

The matter before the Court is Defendant’s Demurrer and Special Plea of the Workers’ Compensation Bar. The Defendant claims that the allegations contained in the Amended Motion for Judgment fall within the exclusive jurisdiction of the Virginia Workers’ Compensation Act (the Act) and therefore this Court is without subject matter jurisdiction.

One of the original defendants, Mechanicsville Medical Center Family Physicians (MMC), has been nonsuited. On December 3, the Court allowed the Plaintiff to amend the Amended Motion for Judgment by deleting paragraph 5 which…