News: E-Blast

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

Seasons Greetings! We are thrilled to reconnect with so many of our clients and colleagues in 2022. As we approach our fifth year in business, it brings us so much joy to be a part of such a strong community of professionals. Thank you all! Happy Holidays from all of us at Ford Richardson Click here to watch our holiday video

This year, as we gather around the table with family and friends, we wish you many opportunities to connect and build stronger relationships with those you value the most. We hope gratitude and thankful hearts will be present as you celebrate. From all of us at Ford Richardson, and in the spirit of Thanksgiving, we are so thankful for the connection we have made with you over the years.

Have you heard? On October 6, 2022, President Joe Biden announced his intent to “pardon all prior Federal offenses of simple possession of marijuana.” Ironically, this announcement will result in zero individuals being released from prison as, according to White House officials, there are no individuals currently in federal prison solely for simple possession of cannabis. However, because most Americans have state-level cannabis records rather than federal convictions, President Biden, in his announcement, urged state leaders to act and take similar action. “I’m calling on governors to pardon simple state marijuana possession offenses. Just as no one should be in...

Click here to watch this month’s one minute adjuster tip that is on the topic of marketing.

Last month the Court of Appeals of Virginia authored an Opinion addressing the following three interesting legal issues important for any adjuster handling claims in Virginia in Abacus Remodeling and Construction v. Fogel, Record No. 0010-22-1 (September 13, 2022): A claimant may still establish a claim of injuries to claimed body parts despite late reporting of said injuries to his/her medical providers; The Commission may infer ongoing disability even in the absence of a medical record; and The Commission may find that medical causation has been established without a clear statement from a doctor based upon testimony of the claimant....

A 90-minute interactive conversation with Jacqueline Theis, OD, FAAO and  Scott C. Ford, Esquire was held and the following was discussed: How a comprehensive neuro-optometric eye examination detects brain injury. Return to work strategies for brain injury with visual impairment. Virtual Event Held – Thursday, November 10, 2022 from 1:00 PM to 2:45 PM EST Video Recording

The Commission has issued an updated 30-Day Order form, and began using it Friday, August 26, 2022. The 30-Day Order was created by statute in 2020 with the enactment of Va. Code §65.2-601.2 that requires that the Commission send an Order to the employer upon the filing of an initial claim for benefits, and requires that the Employer respond to that Order within 30 days, or face statutory fines. The Commission has made enforcement of this statute a point of emphasis since §65.2-601.2 went in to effect in July, 2020. Beginning August 26, 2022, the 30-Day Order form has two...

It is rare that issues involving workers’ compensation reach the Supreme Court of the United States (“SCOTUS”). However, on June 21, 2022, the Supreme Court issued an order list identifying cases before the Court. Among the cases provided, were two Minnesota workers’ compensation where the Court declined to grant certiorari – Musta v. Mendota Heights Dental, et al. and Bierbach v. Digger’s Polaris, et al. In both cases, the issue was whether the Controlled Substances Act preempts an order under state workers’ compensation law requiring an employer to reimburse an injured employee for the costs of medical marijuana used to...