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On March 18, 2020, H.R. 6201, The Families First Coronavirus Response Act (“the Act”), was enacted into law. The Act requires the expansion of paid sick leave and Family and Medical Leave Act (FMLA) in response to the sweeping coronavirus (COVID-19) pandemic in the United States. The changes are in effect through December 31, 2020, with the expectation that if the pandemic continues, further extensions will be considered. Who is Covered by the Expansion? The Act applies to certain public employers, and private employers with less than 500 employees, subject to several exemptions. If an employee is a healthcare provider...

All: We have received the following question from many clients over the last several weeks and thought it would be beneficial to share our answer more broadly: Question: As a result of Governor Northam’s March 30 ‘Stay at Home’ Order for all non-essential employees, many employers have furloughed employees. What should the Virginia adjuster do with injured workers that were working light duty receiving temporary partial disability benefits and were laid off with other employees because of this current situation? Answer: The Virginia adjuster should file an Application to terminate benefits alleging that wage loss is no longer related to...

VWC Video Hearing Orders VIRGINIA: IN THE WORKERS’ COMPENSATION COMMISSION ORDER In light of the COVID-19 pandemic and the declaration of a State of Emergency by the Governor of the Commonwealth of Virginia, the Commission will conduct all evidentiary hearings via video conference until such time as in-person hearings can resume. With respect to all such video hearings, it is hereby ORDERED: Video Hearings: Evidentiary hearings will be conducted by video conferencing, where available, until further notice. Deputy Commissioners retain the discretion to grant continuances upon a showing of good cause, including, but not limited to, requests of the parties....

For those who were unable to attend this webinar, we hope that this recording is beneficial to you along with a copy of the presentation. Shorter webinar video clips: What is the Coronavirus? With Dr. James Shepherd Coronavirus: Vaccine Timeline (with Dr. James Shepherd) Coronavirus: How long are we immune? (with Dr. James Shepherd) Coronavirus: Future Pandemics (with Dr. James Shepherd) Learn about the Coronavirus from Yale Infectious Disease Specialist, James Shepherd, M.D., Ph.D. This interactive webinar will be followed by a discussion of the legal implications to employers and carriers by Scott Ford, Esq. and Brian Richardson, Esq. When: ...

The Department of Health and Human Services (HHS) declared a public health emergency due to the continued spread of COVID-19 (coronavirus) on January 31, 2020, and the World Health Organization (WHO) declared the outbreak an international pandemic on March 11, 2020. As a consequence of the recent governmental travel advisories/restrictions and increasing government action restricting “normal” life for the indefinite future, many businesses will experience significant disruptions to their economic activities. Coronavirus is disrupting the global supply chains and trade, businesses are losing income and incurring additional expense a result of this emergent and evolving situation. These recent disruptions can...

Ford Richardson has received numerous inquiries pertaining to potential liability connected with COVID-19 (coronavirus) and offers this guidance. Exclusivity Provision To the extent that an employee is diagnosed, the employee’s remedy will likely be limited to workers’ compensation benefits under Virginia’s exclusivity provision set forth in Va. Code §65.2-307. This provision of the Virginia Workers’ Compensation Act (“the Act”) provides that “the rights and remedies herein granted to an employee when his employer and he have accepted the provisions of this title respectively to pay and accept compensation on account of injury or death by accident shall exclude all other...

Justin W. Ward, Partner, works within our collaborative community to make sure each client gets the care and attention they deserve.       PRACTICE AREAS Litigation Local Counsel Commercial Transportation Professional Liability Defense Product Liability Commercial Litigation Insurance Coverage Click to view Justin’s full bio.

Virginia appears set to become the latest state to decriminalize possession of marijuana as the legislature has sent a bill to the Governor’s desk to do just that. In addition, the Joint Legislature and Audit & Review Commission has been tasked with developing recommendations for the complete legalization of marijuana by July 1, 2022. There are going to be sticky situations for employers and carriers when deciding what to do with medical marijuana prescriptions sooner rather than later. Are you willing to make a federal case out of it? Marijuana remains a Schedule I substance under the Controlled Substance Act....

Most self-insured employers and carriers understand that the Virginia Workers’ Compensation Act permits an injured worker the right to recover from a negligent third party full damages for injuries inflicted on him or her by such party; and, from the recovery, the employer is reimbursed its lien for compensation benefits paid, subject to its pro rata share of attorney’s fees and costs. But often, a plaintiff’s attorney will argue that the proceeds of that third-party settlement should be reduced or split in thirds, meaning a third for the plaintiff/injured worker, a third for the plaintiff’s attorney, and a third for...

Virginia Code Section 65.2-402 provides for a rebuttable presumption for heart disease and hypertension (among other diseases) for multiple classifications of mostly police and fire employees. This presumption applies only if the person invoking it has undergone a pre-employment physical, if requested, and was found free of hypertension or heart disease (whichever disease is being asserted). Moreover, the diagnosis of hypertension or heart disease must result in total or partial disability. Once the claimant has established entitlement to the presumption, the burden then shifts to the employer to establish a preponderance of evidence, both that 1) the claimant’s disease was...