When Arbitrators Exceed their Authority Under the FAA

By: Brennan C. Morrissett

Arbitration awards are often described as ironclad, with arbitrators’ findings generally not susceptible to challenge.  Historically, and as a matter of public policy, arbitral power is intentionally limited to only those matters the parties have specifically contracted to subject to arbitration.  This means an arbitrator has no power to rule on issues except for those expressly assigned to them by contract by the parties.  Challenges to arbitrators’ failure to observe this fundamental limitation led to several recent United States Supreme Court “exceeded authority” cases – one of four limited bases on which an arbitrator’s finding can be challenged.  These rulings give some much needed

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Statute of Limitations Tolling Statute Rewritten

 

Workers' Compensation DEFENSE DIGEST

Virginia has long held that the statute of limitations for filing an initial claim for benefits is two years from the date of accident. Va. Code §65.2-601. However, prior to July 1, 2019, §65.2-602 provided that the two year statute of limitations to file a claim was tolled when (1) an employer had notice of an accident resulting in a compensable injury and paid wages or compensation to the claimant, with or without an award, during incapacity from work or that the employer failed to file a First Report of Injury and (2) that the claimant was prejudiced by the payment of wages or compensation during incapacity from work or by the employer’s failure to file the First Report of Injury.  If a claimant proved both of these conditions, the statute of limitations was tolled for the duration of the payments or wages during the claimant’s incapacity from work or until the First Report of Injury was filed.

Effective July 1, 2019, the statute has been rewritten and there are some significant changes.

The new statute only applies to injuries occurring on or after July 1, 2019. It is not retroactive to injuries occurring before such date.

1. Most importantly, the statute of limitations is tolled if the employer paid TTD, TPD or wages during incapacity from work or furnished medical treatment more than six months after the

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Jennifer Minear Urges Virginia Businesses to Speak Up About Legal Immigration Problems

Minear calls the situation “a frustrating game right now. You have to be prepared for how to play that game. It’s totally unpredictable.”

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Virginia's UM/UIM Statute Amended to Clarify 2015 Amendment

 

The Virginia UM/UIM statute, Va. Code §38.2-2206, has yet again been amended by the legislature. SB1293 was signed into law by the Governor and became effective July 1, 2019. This bill clarifies the 2015 amendment to Virginia Code §38.2-2206, which allowed liability carriers to tender their limits and shift the duty to defend its insured to the UM/UIM carrier.

This bill solves several problems with the 2015 iteration of §38.2-2206. First, in Section K, it states that if a release explicitly indicates it is being executed pursuant to §38.2-2206, any release language inconsistent with the code section is void. This code update shouldencourage attorneys for the plaintiffs to sign a properly worded release.

Second, the amendment clarifies the nature of the relationship between the tortfeasor and the UIM carrier’s counsel. Subsection K plainly states there is no attorney-client relationship

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Audra Dickens Named Up And Coming 2019

Director Audra M. Dickens has been named as a 2019 Up and Coming Honoree by Virginia Lawyers Weekly. The “Up & Coming Lawyers” awards program, now in its fourth year, recognizes lawyers across the commonwealth who are making their mark within their first 10 years of practice, both in the legal world and in their communities. VLW identifies these honorees as the lawyers who are the leaders of the profession in the future.

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Commission Determines “Out of Work” Note is a “Light Duty” Note

 

Workers' Compensation Case Watch

In Umana v. Clark Construction Group, the claimant was injured in a work accident.  The claimant saw a doctor for his work-related injuries.  In his report, the doctor outlined the claimant’s light duty restrictions but also said “there is no light duty work available, so he remains unable to work at this time.”  In his office notes each month, the doctor repeated that because there was no light duty available, the claimant remained unable to work.  The Deputy Commissioner found that the claimant was totally disabled during those periods.

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Defending Your Negligent Entrustment Case

By: Megan Watson

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Litigation Obtained Citizenship Oath for MAVNI Army Specialist Waiting Years

Litigation is often the only way forward for immigrants. That was what U.S. Army Specialist Junfei Ge concluded as he waited nearly three years for the “expedited” naturalization he was promised by the U.S. government when he enlisted under the Military Accessions Vital to the National Interest (MAVNI) program.

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9 McCandlish Holton Attorneys Named 2020 Best Lawyers In America

Nine lawyers from McCandlish Holton were recently selected by their peers for inclusion in The Best Lawyers In America© for 2020. The entire group of recognized attorneys have been continuously recognized for five years or longer. 

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Help Me Help You: 3 Things Your Attorney Needs to Successfully Defend Your Insured

By: Jim Snyder

When a new case first comes in, certain pieces of information facilitate our initial investigation. Of course, when a lawsuit is the first notice of loss, everyone is starting the defense with little to no information to pass along. However, in most instances, the client has received some essential information before the claim becomes a lawsuit and finds its way to us.

Immediate access to these three things helps us attack the case:

1) Accurate contact information for the named insured and the tortfeasor, if different. This would include at least a phone number and a physical address. Most files arrive with the name and address of the named insured, but being able to pick

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