News: E-Blast

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,...

The cost of prescription drugs continue to grow as a percentage of claim exposure. It is important that the Virginia adjuster be aware of the law in this area and strategies to mitigate this exposure for workers’ compensation claims. Below are several tips for the Virginia adjuster. 1. Be Certain that the Presented Prescription is Related and for an Awarded Injury. Be certain that the prescription is due to an injury covered by the entered medical Award. If not, it should likely be denied. Be mindful that all direct injuries from the work accident must generally be filed within two...

Is the Full Commission moving towards deeming every slip and fall in Virginia compensable? While I hope not as that would be contrary to existing law, the recent decision in Santi v. Loudon County Public Schools, JCN No. VA00001703395 (March 1, 2003) causes this author to pause and wonder if that could be the trend that we are moving towards. In Santi the Full Commission in a split 2-1 Opinion reversed the finding of the Deputy Commissioner that the claimant had not proven a compensable injury arising out of the employment and remanded to the Deputy Commissioner to address remaining...

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

February 25, 2023 marked an important date in the Virginia legislative calendar known as Sine Die. That is the date by which the General Assembly must conclude its work and adjourn, as the Virginia Constitution limits the number of days that the legislature may remain in session. 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...

February 7, 2023 marked an important date in the Virginia legislative calendar known as Crossover. That is the date by which bills that originated in one chamber of the General Assembly must “crossover” to the other chamber if those bills are to continue in the current legislative session. Bills that fail to cross over by that date may not be considered further under the rules set by the General Assembly. 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...

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

September 7, 2023 7:30 A.M. – 5:00 P.M. The Westin Richmond 6631 W Broad St., Richmond VA 23226 Agenda This program has been approved for the following CEUs: CCM, CDMS, CRC, National Nurse (6.5) FL Adjuster (7) NC Adjuster (7) GA Adjuster P&C (7) MD Agent (7) VA Agent (7) MSCC, CLCP, CCLCP (5) MD WCC (2.3)

A recent Full Commission Opinion issued on January 10, 2023, by Commissioner Rappaport details the nuances regarding a compensable versus non-compensable injury by accident in today’s legal landscape in the context of the actual risk a Claimant must prove. In Agyemang v. The Gardens at Warwick Forest, JCN VA00001874767, the Full Commission denied a claimant’s claim for benefits relating to an accident that occurred on May 1, 2021. The Deputy Commissioner had previously awarded benefits and the Full Commission reversed and vacated the award. The facts of this claim are significant. The claimant had testified that she was injured when...

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