News: E-Blast

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...

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...

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

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...

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

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...

Thank you to those who attended our 23nd Annual Workers’ Compensation Seminar that was held on September 12, 2024 from 7:30am – 5:00pm We want to extend our appreciation to all the fantastic sponsors as well as to all of our speakers for providing educational and engaging content. Save the date for 2025 coming soon.

Join us for the General Liability Pre-Conference Workshop that will be held on September 11, 2024 from 2:00 P.M. – 5:00 P.M.

On January 16, 2024, The Court of Appeals of Virginia (“COA”) issued an opinion in the matter of Lucinda Walker v. Virginia Dept. of Corrections, which was on appeal from the Full Commission of the Virginia Worker’s Compensation Commission (“VWCC”) where her claim for temporary total disability based on a change in condition had been deemed barred under Virginia Code § 65.2-708. The reasoning of The COA for overturning VWCC’s decision represents a significant shift in how and under what circumstances § 65.2-708 (below) is interpreted. Specifically, in deciding when/if the clock starts for the twenty-four (24) consecutive months “from...

An interactive webinar where Nadeem A. Khan, MD (Interventional Pain and Spine Specialists) and Scott Ford, Esquire (Ford Richardson, P.C.) examined the medical and legal aspects of Orthopedic advancements of Orthobiologics and their benefits for acute as well as chronic injuries.