News: E-Blast

In January of this year, the Commission issued an opinion that illustrates the importance of ensuring an injured worker’s injury occurs while engaged in an activity that is indeed a risk common to the neighborhood. In this case, a school bus driver was driving his bus route, which included a stop at a recreational center. When he arrived at the recreational center, the driver parked and exited his bus and began walking towards the building to use the bathroom. As he was walking, he felt a severe pain in his left knee and foot and was thereafter unable to walk....

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

In the most recent session of the General Assembly, Democrats controlled both the Senate and House of Delegates, checked by the Republican Governor. This dynamic resulted in only a single change to the Virginia Workers’ Compensation Act (Title 65.2). However, there are multiple failed bills that bear analysis for the insight they provide into the thought processes of our legislators and the direction workers’ compensation law may take in the future. The sole bill that passed is HB1933/SB920, which alters the cancer presumption in 65.2-402. Part C under 65.2-402 provides that a variety of types of cancer, including throat cancer,...

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Compensable Consequences

The Virginia adjuster should be mindful that fall from step cases are extremely fact-specific and can be tricky. The recent Full Commission decision of McKoy v. Fairfax County Government, JCN: VA00002159978 (February 3, 2025) illustrates this point. In McKoy the Full Commission affirmed the finding of the Deputy Commissioner that that claimant did not establish a compensable injury “arising out of” the employment. Claimant, a trash collector, was required to stand on a metal step on the back of his garbage truck, that was 17 inches off the ground. On the day of his accident, the claimant was standing on...

Virginia Code § 65.2-605.1 governs a medical provider’s rights to prompt payment for medical expenses arising out of workers’ compensation claimant. Virginia Code § 65.2-605.1, which was recently amended in 2024, provides medical providers with a statute of limitations of one year from the date the last payment was received by the health care provider or if the employer denied or contested payment for any portion of the health care services, such claim must be filed within one year of the date the medical award covering such date of service for a specific item or treatment in question becomes final....

Were you asked to sign an Independent Contractor Agreement? If so, under Virginia law you may have been misclassified and entitled to damages. In 2020 the Virginia General Assembly passed legislation to deter companies from misclassifying their employees and penalizing employers that misclassified their workers. This legislation was in response to a study in Virginia that revealed that approximately 214,000 Virginia workers were misclassified as independent contractors. A true independent contract is an individual who is in business for himself or herself. They control their work environment, invest their own money and they are not economically dependent on the companies...

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Sudden or Mechanical Change

On January 13, 2025, the Full Commission reviewed a previously entered Opinion (June 28, 2024) finding that the claimant had failed to prove an injury by accident arising out of employment in the matter of Beenish Ahmed V. Wal-Mart Associates, Inc. The Full Commission affirmed the initial opinion, that the claimant had failed to meet her burden to prove her injury arose out of added-risk of her employment. The analysis the Full Commission applied will likely have significant effects on the Commission’s application of a “reasonable inference” that the cause of any ladder-related fall was a work-related risk. The reasoning...

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Medical Panels