News

Virginia’s Employee Misclassification Law

Were you asked to sign an Independent Contractor Agreement? If so, under Virginia law you may have been misclassified and entitled to damages. In 2020 the Virginia General Assembly passed legislation to deter companies from misclassifying their employees and penalizing employers that misclassified their workers. This legislation was in response to a study in Virginia that revealed that approximately 214,000 Virginia workers were misclassified as independent contractors. A true independent contract is an individual who is in business for himself or herself. They control their work environment, invest their own money and they are not economically dependent on the companies...

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“I Missed a Step Descending a Ladder.” This Description May No Longer be Enough in Virginia

On January 13, 2025, the Full Commission reviewed a previously entered Opinion (June 28, 2024) finding that the claimant had failed to prove an injury by accident arising out of employment in the matter of Beenish Ahmed V. Wal-Mart Associates, Inc. The Full Commission affirmed the initial opinion, that the claimant had failed to meet her burden to prove her injury arose out of added-risk of her employment. The analysis the Full Commission applied will likely have significant effects on the Commission’s application of a “reasonable inference” that the cause of any ladder-related fall was a work-related risk. The reasoning...

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Legal Minute: Medical Panels

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Medical Panels

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Court of Appeals Makes Clear That the Doctrine of Unexplained Accident Still Exists in Virginia

The Court of Appeals delivered an early Christmas present to employers in Virginia on December 17, 2024 making clear that the doctrine of “unexplained accident” remains alive in Virginia. The opinion is Loudoun County Public Schools v. Claudia Santi, Record No.: 1298-23-4 (December 17, 2024). This case has a long procedural history. Claimant was injured in a workplace fall in early 2020. She filed a Claim for Benefits with the Commission, which was denied. She then requested a hearing, where the claim was again denied by a Deputy Commissioner. Claimant requested review by the Full Commission. On review, the Full...

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Happy Holidays from Ford Richardson, P.C.

As we approach our 7th year in business, it brings us so much joy to be a part of such a strong community of professionals. Thank you all. Click here for holiday video message

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24th Annual Workers’ Compensation Seminar

Registration has now opened for the following events: 24th Annual Workers’ Compensation Seminar – Thursday, September 18, 2025 from 7:30 AM – 5:00 PM 2nd Annual General Liability Pre-conference Workshop – Wednesday, September 17, 2025 from 2:00 PM – 5:00 PM Agenda:  Coming Soon! Location:  The Westin Richmond, 6631 W Broad St, Richmond, VA 23230 We hope to see you at these events!

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Legal Minute: Unlawful Employees

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Unlawful Employees

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Make Certain You Are Using Language In Your Settlement Order To Extinguish Potential Claims For Underpaid Medical Bills

The Full Commission in the recent Opinion of Powell v. Haverty Furniture Company, Inc., JCN: 2317668 (November 18, 2024) reversed the decision of the Deputy Commissioner and allowed a claim for alleged “underpaid” medical bills after the parties had reached a settlement and an Order was entered. The Order provided that defendant would pay for “any unpaid, reasonable and necessary medical expenses for treatment rendered” to the claimant through date of entry of the Order. The Full Commission held that this language, again, did not preclude the claimant from seeking full payment of medical expenses incurred by the claimant but...

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Happy Thanksgiving from Ford Richardson, P.C.

During this season of gratitude, we want to express our sincere appreciation to you. Your loyalty, feedback, and support have been essential to our journey. We wish you joy and a wonderful Thanksgiving!

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