News

Work from Anywhere – Risk is Everywhere

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...

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Legal Minute: Assaults

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

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New Legislation Taking Effect – Effective July 1, 2024

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...

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Legal Minute: Act of God

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

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Is The Commission Creating an Easier Path for the Finding of A “Sudden Shock or Fright” for Mental Health Claims?

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...

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23nd Annual Workers’ Compensation Seminar

Join us for the 23nd Annual Workers’ Compensation Seminar that will be held on September 12, 2024 from 7:30am – Sep 12, 2024 5:00pm

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General Liability Pre-Conference Workshop

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.

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The Court of Appeals Changes the Game for Change in Condition

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...

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WEBINAR – Advancements in Ortho Biologics and Interventional Orthopedics

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.

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Commission Unveils New Medical Fee Services Calculator

On December 21, 2023, the Commission announced the release of a new Medical Fee Services (MFS) calculator. The calculator is currently in the testing phase and is slated to completely replace the old MFS Reference Tool in January 2024. Please note that the current MFS Reference Tool will only remain active until January 31, 2024. The new MFS calculator is intended to be a more convenient and efficient tool to determine regional classifications and maximum rates of payment, with the ability to adjust for certain modifiers. To use the calculator, the following information must be known: the Jurisdictional Claim Number...

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