Workers’ Compensation Legislative Alert: 4 New Virginia Laws Taking Effect July 1, 2023

These 4 new or amended laws will take effect on July 1, 2023:

SB 904/HB 1775 – Anxiety Disorder or Depressive Disorder Incurred By Law-Enforcement Officers

Va. Code §65.2-107 currently allows firefighters and law enforcement officers to receive up to 52 weeks of benefits for a PTSD diagnosis from qualifying events occurring on or after July 1, 2020.

>> The new legislation expands Va. Code §65.2-107 by allowing claims for anxiety disorder and depressive disorder for most qualifying events on or after July 1, 2023.

SB 906/HB 1408  - Presumption of Compensability for Certain Cancers 

Va. Code §65.2-402(C) currently provides firefighters and some law enforcement officers a presumption that leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, or testicular cancer are occupational diseases. 

>> The new legislation expands Va. Code §65.2-402(C), allowing claims for thyroid and bladder cancer to qualify for the presumption if diagnosed on or after July 1, 2023.

SB 1038/HB 1410 – Presumption for Hazardous Materials Investigators

Va. Code §65.2-402(C) currently allows firefighters and some law enforcement officers a presumption that certain cancers are occupational diseases. 

>> This new legislation expands the type of law enforcement officers who qualify for the presumption to include arson investigators or bomb investigators employed by the Department of State Police, and members of the State Police Officers’ Retirement System who collect, analyze, or handle hazardous materials, infectious biological substances and radiological agents, fentanyl or fentanyl analogs, or methamphetamines to the presumption.

HB 2418 – Workers’ Compensation – Group Self-Insurance Associations

Expands Va. Code §65.2-802 to allow for the merger of two or more group self-insurance associations with the permission of the Virginia State Corporation Commission, provided that the new entity takes on all obligations of the merged group self-insurance associations.

Join us for the 22nd Annual McCandlish Holton Workers’ Compensation Seminar on Thursday, October 26, 2023. Register to attend in-person at the Hilton Richmond Hotel & Spa in Short Pump, Virginia, or attend remotely via livestream.

Workers’ Compensation Practice Group at McCandlish Holton defends workers’ compensation claims in all areas of Virginia from initial investigation to the trial and appellate levels of litigation. 

Our experienced team provides innovative legal strategies tailored to the needs of your claims.  We carefully balance aggressive advocacy with skilled diplomacy to successfully resolve claims. Contact Us.