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Ford Richardson has received numerous inquiries pertaining to potential liability connected with COVID-19 (coronavirus) and offers this guidance. Exclusivity Provision To the extent that an employee is diagnosed, the employee’s remedy will likely be limited to workers’ compensation benefits under Virginia’s exclusivity provision set forth in Va. Code §65.2-307. This provision of the Virginia Workers’ Compensation Act (“the Act”) provides that “the rights and remedies herein granted to an employee when his employer and he have accepted the provisions of this title respectively to pay and accept compensation on account of injury or death by accident shall exclude all other...

Justin W. Ward, Partner, works within our collaborative community to make sure each client gets the care and attention they deserve.       PRACTICE AREAS Litigation Local Counsel Commercial Transportation Professional Liability Defense Product Liability Commercial Litigation Insurance Coverage Click to view Justin’s full bio.

Virginia appears set to become the latest state to decriminalize possession of marijuana as the legislature has sent a bill to the Governor’s desk to do just that. In addition, the Joint Legislature and Audit & Review Commission has been tasked with developing recommendations for the complete legalization of marijuana by July 1, 2022. There are going to be sticky situations for employers and carriers when deciding what to do with medical marijuana prescriptions sooner rather than later. Are you willing to make a federal case out of it? Marijuana remains a Schedule I substance under the Controlled Substance Act....

Most self-insured employers and carriers understand that the Virginia Workers’ Compensation Act permits an injured worker the right to recover from a negligent third party full damages for injuries inflicted on him or her by such party; and, from the recovery, the employer is reimbursed its lien for compensation benefits paid, subject to its pro rata share of attorney’s fees and costs. But often, a plaintiff’s attorney will argue that the proceeds of that third-party settlement should be reduced or split in thirds, meaning a third for the plaintiff/injured worker, a third for the plaintiff’s attorney, and a third for...

Virginia Code Section 65.2-402 provides for a rebuttable presumption for heart disease and hypertension (among other diseases) for multiple classifications of mostly police and fire employees. This presumption applies only if the person invoking it has undergone a pre-employment physical, if requested, and was found free of hypertension or heart disease (whichever disease is being asserted). Moreover, the diagnosis of hypertension or heart disease must result in total or partial disability. Once the claimant has established entitlement to the presumption, the burden then shifts to the employer to establish a preponderance of evidence, both that 1) the claimant’s disease was...

Save the date of September 17th for one of the industry’s most engaging seminars. This year’s event will include an interactive appellant argument, “You be the Judge” and TWO keynote speakers, David Mitchell and Brad Hurtig Click here to check out some of the moments captured from 2019. Registration details coming soon.

Ford Richardson opened its doors as a full-service law firm in May 2018. It has been a fantastic year and a half of growth in talent, offices, clients and experiences. We could not have done it alone and have tremendous gratitude for our trusted clients and the Ford Richardson family.

It’s no news that to qualify for workers’ compensation benefits in Virginia, an employee’s injuries must result from an event “arising out of” and “in the course of” the employment. It is important to keep in mind that each phrase contains distinct elements that a claimant must prove before compensation will be awarded. “In the course of” typically refers to the time and place in which the claimant is working or performing the activity he or she was hired to perform. “Arising out of” is more nebulous, as it refers to the origin or cause of the injury. Specifically, Virginia...

Below please find links to the studies just released by The Joint Legislative Audit and Review Commission relating to their study of Virginia’s Workers’ Compensation System and Disease Presumptions. The Commission made 24 separate recommendations in their report. I suspect that we may see the General Assembly taking up many of these issues in upcoming legislative sessions. Link to today’s JLARC Workers’ Compensation System and Disease Presumptions presentation (72 slides): http://jlarc.virginia.gov/pdfs/presentations/Rpt530Pres.pdf Link to the JLARC Workers’ Compensation System and Disease Presumptions Report (133 Pages) that was just made available online: http://jlarc.virginia.gov/landing-2019-workers-compensation.asp

From all of us at Ford Richardson!