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It is important for the Virginia adjuster to closely examine whether the claimant has indeed suffered a “sudden mechanical or structural change in the body.” If not, the claim should be denied. This defense is often overlooked in Virginia. The determination as to whether the claimant has suffered a “sudden mechanical or structural change in the body” requires a close examination of the medical records and often a specific inquiry to the treating physician(s) in appropriate cases. The Virginia adjuster should be mindful of this potential denial of a claim particularly in cases involving pre-existing condition and/or in instances where...

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Click here to watch this month’s one minute adjuster tip is on the topic of:  Legal Minute: Termination for Justified Cause   Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson. Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C.. Our commitment to our clients is simple: offer top-tier clear legal solutions that allow our clients to excel in their business. We are privileged to give back to...

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The recent, tragic case of a schoolteacher being shot by one of her students could have long-lasting effects on workers’ compensation law and tort liability in the Commonwealth of Virginia. Due to significant potential tort liability, the teacher’s employer, the City of Newport News School Board, wants her injuries to be covered under Virginia Workers’ Compensation Act. The teacher and her attorney are asserting that her injuries should not be covered under the Act. As many of you have seen in the news, a 25 year-old teacher in Newport News, Virginia, was shot by a 6 year-old student in her...

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Date/Time:  Tuesday, June 20, 2023, 1:00 P.M. – 3:00 P.M. Presented by: Scott C. Ford, Co-Founder & Partner Jessica J. Berdichevsky, Senior Associate Attorney Peter J. Leyh, Associate Attorney Rachel N. Sowder, Associate Attorney Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson. Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C.. Our commitment to our clients is simple: offer top-tier clear legal solutions that allow our clients to excel in...

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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,...

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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...

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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...

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Click here to watch this month’s one minute adjuster tip is on the topic of Legal Minute: Idiopathic Injuries Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson. Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C.. Our commitment to our clients is simple: offer top-tier clear legal solutions that allow our clients to excel in their business. We are privileged to give back to our community and...

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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...

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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...

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