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In Virginia, an injured worker to prevail must establish an injury by accident arising out of and in the course of the employment.   Not all accidents that occur in the workplace are compensable. It is important that the Virginia adjuster recognize that an injured worker must establish an injury by accident resulting in a structural or mechanical change to the body.  The Full Commission’s very recent decision in Curtis Martin, Jr. v. Mastec, Inc., JCN VA00001918587 (August 13, 2024) offers a good discussion of this requirement. In Curtis Martin, the Full Commission, in a split 2-1 decision, affirmed the finding...

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Click here to watch this month’s one minute adjuster tip that is on the topic of: Legal Minute: Ladders   Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson. Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C.. Our commitment to our clients is simple: offer top-tier clear legal solutions that allow our clients to excel in their business. We are privileged to give back to our community...

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On July 11, 2024, The United States Court of Appeals (“COA”) for the Third Circuit in response to a motion to dismiss filed by the defendants in Johnson, et al. v. National Collegiate Athletic Association, et al., denied the defendant’s motion and instead held that student athletes are not barred from being considered employees under the Fair Labor Standards Act (“FLSA”). Yes, in a decision that might well represent the last nail in the coffin for the NCAA’s “amateurism” argument, the court took the position that college athletes whose efforts primarily benefit their schools may qualify as employees deserving of...

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Click here to watch this month’s one minute adjuster tip that is on the topic of:  Legal Minute: Change in Treating Physician    

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As we have noted in prior updates, there are two new statutes that go into effect on July 1, 2024. The first is Virginia Code Section 65.2-601.3, which creates a new requirement for adjusters when denying a workers’ compensation claim. After a claim is reviewed and a denial has been determined, adjusters will now be required to put the following language in all denial letters: EMPLOYEE RIGHT TO DISPUTE DENIAL OF WORKERS’ COMPENSATION BENEFITS. IF YOU DISAGREE WITH THIS DENIAL, YOU HAVE THE RIGHT TO DISPUTE THE DECISION BY FILING A REQUEST FOR A HEARING WITH THE VIRGINIA WORKERS’ COMPENSATION...

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In the May 7, 2024 issue of Inc. Magazine, HR Expert Suzanne Lucas declared “it’s time to make ‘Hush Trips’ a Fireable Offense”. Hush trips – employees working remotely while traveling away from home, and not disclosing their travel to their employer – continue to trend since the explosion of remote work resulting from the 2020 COVID-19 pandemic. The problem with “hush trips” is not that the employees are failing to do their required work – this question remains unresolved. Some studies say that remote work makes employees more productive, and other studies say remote work reduces productivity, and there...

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Click here to watch this month’s one minute adjuster tip that is on the topic of: Legal Minute: Assaults  

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As a result of the 2023 elections, Virginia continues to experience divided political control of government. While the Republican Party continues to hold control of the Governor’s Mansion, both divisions of the General Assembly are now under narrow Democratic control – House of Delegates (51-49) and Senate (21-19). Much like the 2023 legislative session, this year there was little appetite to enact sweeping changes. Of the ten bills introduced, four were enacted, five were left in the House, and one bill was vetoed by Governor Youngkin. While the four bills left in the House are dead for this year’s legislative...

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Click here to watch this month’s one minute adjuster tip that is on the topic of:  Legal Minute: Act of God

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In Virginia, to prevail on a mental injury with no physical impact requires that claimant establish a “sudden shock or fright.” Historically this has been a rather significant burden for a claimant to meet. The recent split decision (2-1) by the Full Commission in Nha-Uyen Nguyen v. INOVA Health Systems, JCN No. VA00001870151 (December 21, 2023) may mark as a turning point where the path towards compensability may prove easier for claimants. The Deputy Commissioner had held that the claim was not compensable. The Deputy Commissioner found that the patient’s behavior was not “out of the ordinary in terms of...

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