News

For years, workers’ compensation adjusters, nurse case managers, and other workers’ compensation professionals sounded the alarm about physicians using opioids as a cure-all for alleged chronic pain. Significant progress has been made with this issue. Large pharmaceutical companies like Purdue Pharma are currently being sued by at least 44 states related their role in fueling and sustaining the opioid crisis. Now, it is almost universally accepted within the workers’ compensation community that prescribing opioids for chronic pain is only recommended after careful consideration of the risks and benefits associated with long-term opioid use for each patient. Unfortunately, we are seeing...

In a published Opinion on May 14, 2019, Alexandria City Public Schools v. Kerri Handel Record No. 1582-18-4, the Court of Appeals held that a sudden mechanical or structural change in the body is only required to be shown in one part of the body to qualify as a compensable injury by accident. Stated differently, so long as one part of the body is shown to have suffered a mechanical or structural change, the Award may reach other parts of the body as well if they are causally related to the accident. The Court in Handel reviewed the familiar three-prong...

We all know the definition of a compensable injury is a “sudden and identifiable injury by accident arising out of and in the course of the employment.” Va. Code § 65.2-101 (emphasis added). However, it is easy to forget that our common understanding of the word “accident” can differ from the definition applied by the Commission in Workers’ Compensation matters. One such instance of this occurs when the injury in question is not “accidental,” but caused by an intentional act. It is well-established pursuant to the Act that an employee’s intentional self-inflicted injury is not compensable. Va. Code § 65.2-306(A)(1);...

Historically, the Commission has followed the precedent set in Morris v. Morris, which ruled “[i]n order to carry his burden of proving an ‘injury by accident,’ a claimant must prove that the cause of his injury was an identifiable incident or sudden precipitating event and that it resulted in an obvious sudden mechanical or structural change in the body.” Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989) (emphasis added). We began to see a shift in the Commission’s analysis of injury by accident claims in cases such as Van Buren v. Augusta County, 66 Va. App....

Thanks to all who attended our Open House in February. It was a great success!  

Dealing with medical providers can prove difficult at times, especially when it comes to agreeing on reasonable prices for the services they render. In a recent decision, Roanoke Ambulatory Surgery Center v. Bimbo Bakeries USA, Inc. , 2019 Va. App. LEXIS 21, the Court of Appeals added an extra layer of difficulty by expanding the time a medical provider has to file an application contesting the sufficiency of payment. Va. Code § 65.2-605.1(F) provides the statute of limitations for medical providers to bring a claim contesting payment for health care services provided to a claimant. Such a claim cannot be heard unless...

While somewhat infrequent, hearing loss claims do arise from time to time. Thus, it is important that the Virginia adjuster understands how to analyze these claims. It is important to note that these claims, depending upon the facts, may be considered as (1) an injury by accident; (2) a compensable consequence or (3) an ordinary disease of life. The first two require proof by the claimant by a preponderance of the evidence, and the third requires proof by claimant by clear and convincing evidence and not a mere probability. The   Macudzinski v. Omniplex World Service, Inc., VWC File No. 218-73-91 (Feb. 21, 2007) decision is an example of a...

On September 13, 2018, the Commission issued its Annual Report for the year 2017.  In its report, the Commission highlighted several updates to their operations and new programs implemented over the previous year. The Chairman of the Commission, Wesley Marshall, in his Chairman’s Statement pointed out that this year, 2018, marks the 100th Anniversary of Workers’ Compensation in Virginia. He also mentioned the relocation of the Richmond headquarters, and the Manassas and Virginia Beach offices to new locations and the resulting improvement in information security, which allowed the Commission to meet or exceed all of the Virginia Information Technology Agency’s information security standards. Commissioner Marshall made special...

Few topics have garnered as much attention and anticipation as the medical fee schedule that was recently enacted. In the 2016 regular session, the Virginia General Assembly proposed a major change to the landscape of medical payments under the Virginia Workers’ Compensation Act. Thereafter, on March 7, 2016, then Governor Terry McAuliffe signed a bill to implement a medical fee schedule to take effect on January 1, 2018. The new legislation is covered in Virginia Code Section 65.2-605.

A recent Virginia Circuit Court case, Spicer v. Robinson (Circuit Court of Buckingham County, Case No. 16-99), raises concern as to the steps required by the employer and carrier to protect a third party lien. In Spicer the Circuit Court Judge held that a voluntary lump-sum settlement payment to the claimant should not be included as part of the employer’s lien under Virginia Code Sections 65.2-309, -309.1 and -310. The Court noted its reliance on Noblin v. Randolph Corp., 180 Va. 345 (1942) and Slusher v. Paramount Warrior, 336 F. Supp. 1381 (W.D. Va. 1971) in reaching this decision. The Circuit...