News: E-Blast

Joe Smith and Mary Jones are “horsing around” at work. Joe takes it a bit too far and Mary sustains an injury. Is Mary’s injury compensable? It is not necessarily a common fact pattern, but it happens – – an employee is injured due to the actions of a fellow co-worker. The Commission has, historically, endeavored to separate these injuries into two categories: (1) those sustained as a result of horseplay, and (2) those sustained as a result of assault. The distinction is crucial to understanding a claimant’s burden of proof in these cases. For assault cases between two co-workers,...

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In last month’s e-blast, Scott C. Ford, Esquire, discussed Virginia’s elusive definition of an “injury by accident.” (see full article here). Yet again, the Full Commission has again expanded the definition of a compensable injury by accident, this time in the context of the extremely slippery world of ladder accidents. In Allen v. ABF Freight System, Inc., JCN VA00001877064 (August 3, 2023) the Full Commission overturned the Deputy Commission’s holding that the claimant had failed to prove his right knee injury arose out of a risk of his employment. In Allen, the claimant, a truck driver, backed his truck up...

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The Full Commission’s Opinion in Woodmancy v. Jett’s Specialty Contracting, JCN: VA00001945163 (July 7, 2023) is yet the latest example of the Commission’s application of definition of “injury by accident” in Virginia. For years the definition of “injury by accident” was quite straightforward requiring claimant to establish a single, identifiable incident. The most often cited case for this proposition was Morris v. Morris, 238 Va. 578 (1989). However, beginning with the case of Van Buren v. Augusta County, Record No.: 1975-15-3 (July 19, 2016) we began to see an erosion of the definition of “injury by accident.” This author believes...

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

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Due to divided political control of the Virginia government, the 2023 legislative session was relatively mild in regards to workers’ compensation. Four new bills are set to take effect on July 1, 2023, almost all of which expand benefits to first responders. Each of the bills passed by the General Assembly this year were signed by the Governor without amendment. NEWLY ENACTED LEGISLATION – BILLS ARE EFFECTIVE JULY 1, 2023: HB 1408: Presumption of Compensability for Bladder and Thyroid Cancers – Expands the presumption of compensability of certain cancers for firefighters, police officers, and certain hazardous material officers and special...

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It is important for the Virginia adjuster to closely examine whether the claimant has indeed suffered a “sudden mechanical or structural change in the body.” If not, the claim should be denied. This defense is often overlooked in Virginia. The determination as to whether the claimant has suffered a “sudden mechanical or structural change in the body” requires a close examination of the medical records and often a specific inquiry to the treating physician(s) in appropriate cases. The Virginia adjuster should be mindful of this potential denial of a claim particularly in cases involving pre-existing condition and/or in instances where...

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Click here to watch this month’s one minute adjuster tip that is on the topic of:  Legal Minute: Termination for Justified Cause   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...

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The recent, tragic case of a schoolteacher being shot by one of her students could have long-lasting effects on workers’ compensation law and tort liability in the Commonwealth of Virginia. Due to significant potential tort liability, the teacher’s employer, the City of Newport News School Board, wants her injuries to be covered under Virginia Workers’ Compensation Act. The teacher and her attorney are asserting that her injuries should not be covered under the Act. As many of you have seen in the news, a 25 year-old teacher in Newport News, Virginia, was shot by a 6 year-old student in her...

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Date/Time:  Tuesday, June 20, 2023, 1:00 P.M. – 3:00 P.M. Presented by: Scott C. Ford, Co-Founder & Partner Jessica J. Berdichevsky, Senior Associate Attorney Peter J. Leyh, Associate Attorney Rachel N. Sowder, Associate Attorney Click here to view the recording of this webinar 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...

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March 27, 2023 marked the final deadline for the Governor to take action on bills passed by the General Assembly. Any bills not vetoed or sent back with proposed amendments by the Governor by March 27th have been deemed passed. As a result of the 2022 elections, Virginia continues to experience divided political control of government. The Republican Party holds control of the Governor’s Mansion and a majority of the House of Delegates (52-48) with the Democratic Party continuing to retain the Senate (21-19). This means that bills that passed through one chamber easily could meet resistance in the other,...

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