News

Arguably the very first question to ask when assessing the compensability of a workers’ compensation claim is often one we, as practitioners, skip over entirely: does the Workers’ Compensation Act even apply to this employer? In Virginia, employees and employers are conclusively presumed to have accepted the provisions of the Workers’ Compensation Act. Va. Code § 65.2-300(A). However, this presumption does not apply to employees of any person, firm, or private corporation that has less than three employees “regularly in service.” Va. Code § 65.2-101. In most cases, it is clear whether an employer regularly employees three or more employees....

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Effective July 1, 2026, Virginia amended four provisions of the Workers’ Compensation Act: § 65.2-313: Third-party recovery credits § 65.2-512: Burial and transportation expenses § 65.2-107: Certain mental-injury claims by law-enforcement officers and firefighters § 65.2-1201: Funding of the Uninsured Employer’s Fund For employers, carriers, and claims administrators, the amendment to § 65.2-313 is the most significant. Third-Party Recovery Credits When a claimant obtains a recovery from a responsible third party, the employer or carrier remains entitled to a credit against future workers’ compensation liability. The manner in which that credit is applied, however, has changed. An existing medical or...

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We recently received a question from a client involving a common fact pattern: a treating physician provides a medical record and bills for treatment, but the medical record is silent on some important element – like a statement relating the treatment to the occupational injury.  Requests to that physician to clarify his opinion on causation do not garner any additional information.  Does the employer and the insurer have any remedy in that situation?  The answer is: “yes” – the employer may legally withhold payment of the physician’s bill under these circumstances. Va. Code §65.2-714(A) concludes with the following sentence: “No...

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Artificial intelligence is no longer a distant technology issue for lawyers. It is already part of how clients, employers, adjusters, claims professionals, medical providers, and injured workers gather information and make decisions. A recent decision discussed in Virginia Lawyers Weekly (“VLW”), United States v. Heppner, addresses an issue that is likely to appear with increasing frequency in civil litigation and administrative claims: whether communications with a public artificial intelligence platform are protected by the attorney-client privilege or work-product doctrine. The court’s answer, on the facts presented, was no. Although Heppner did not arise in the workers’ compensation context, the issue...

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The Full Commission’s Opinion in McCrimmon v. Shirley Contracting Company, JCN VA02000043257 (May 5th, 2026), earlier this month is a reminder that ladder cases are very fact-specific for the Virginia adjuster making a compensability decision. The claimant’s claim in McCrimmon failed with a finding by the Commission that no injury arising out of the employment was established. The claimant, a fuel truck driver, alleged injury to his left knee while climbing down a ladder that was attached to a front-end loader. The claimant did not identify any defect with the steps. Although he asserted that he was moving quickly, he...

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Third-party recoveries have long been one of the more consequential pressure points in Virginia workers’ compensation claims. When an injured worker obtained a recovery from a negligent third party arising out of the same accident, employers and carriers could rely on Code § 65.2-313 to obtain a meaningful offset against future workers’ compensation exposure. HB426 changes that framework in a significant way. Beginning July 1, 2026, the employer’s credit remains, but the practical benefit of that credit will be reduced because ongoing medical and indemnity benefits are no longer treated the same way during the offset period. Under the current...

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We now know Scott’s office can fit up to 20 people.  

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As a result of the 2025 elections, both the Virginia House of Delegates and the Virginia Senate are controlled by a single party. In the House of Delegates, the Democratic Party holds 64 out of 100 seats, with the Senate having a much leaner lead with 21 out of 40 seats. The Gubernatorial seat has also flipped to Democratic so we anticipate there will be little resistance in passing bills and having them signed into law The Virginia legislature convened on January 14, 2026, and several bills have been proposed which would affect future Workers’ Compensation claims. In Virginia, bills...

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25th Annual Workers’ Compensation Seminar September 17, 2026 7:30 AM – 5:00 PM The Westin Richmond 6631 W Broad St, Richmond VA 23230     AGENDA COMING SOON Application for CEU approval will be submitted for: CCM, CDMS, CRC, National Nurse, FL Adjuster, NC Adjuster, GA Adjuster P&C, VA & MD Agent   3rd Annual General Liability  Pre-Conference Workshop September 16, 2026 2:00 PM – 5:00 PM The Westin Richmond 6631 W Broad St, Richmond VA 23230   AGENDA COMING SOON Application for CEU approval will be submitted for Adjuster and Agents.   Sponsorship Opportunities Available Please contact: Kimberly@FordRichardsonLaw.com

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On December 10, 2025, the Full Commission issued an Opinion affirming the denial of a workers’ compensation claim in which the claimant was injured after a near miss with a vehicle that ran into a safety bollard and onto the sidewalk outside of a Walmart store. Ullmann v. Wal-Mart Associates, Inc., VA00002140409 (Dec. 10, 2025). The Commission found this incident did not arise out of the claimant’s employment. In reaching its decision, the Commission emphasized Virginia’s adoption of the “actual risk doctrine” and its repeated refusal to adopt the “positional risk doctrine.” This decision reinforces a fundamental (but frequently misunderstood)...

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