US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak

In the face of the COVID-19 pandemic, our country is relying upon the trucking industry to deliver all of the medical supplies and food we need in order to function and thrive in this unprecedented time.

1.      Employer’s Applications for Hearing

The Commission closely examines these items to determine if the Application is technically correct:

a.    Claimant’s address

b.    Grounds for the Application

c.     Relief requested

d.    Compensation rate

e.    Date compensation was paid through

f.     Presence of supporting documentation

g.    Application signed

h.    Application dated

i.      Whether the claimant and the attorney, if represented, were sent a copy of the Application.

2.      Unauthorized Practice of Law

The Commission provided these tips for adjusters about the unauthorized practice of law:

a.    An adjuster cannot appear at an evidentiary hearing to advocate for an insurer or

The New Elephant in the Room

The recent public discourse (and comedy) surrounding odd uses of animals for emotional support including squirrels and alligators, makes it easy to lose sight of the fact that many people suffering from diagnosed emotional or mental disabilities rely daily on animals of all types for emotional support.  Registrations of emotional support animals have risen exponentially over the past decade, which has resulted in a need for many, including employers, to confront those who claim to need animals for support.  Employers in Virginia may have legal justification for excluding disruptive animals from the workplace, but they should be aware of the potential compliance pitfalls under the Americans with Disabilities Act (ADA) before making quick decisions about animals brought by employees. 

Employee’s Use of Emotional Support Animals and Compliance with the ADA

Under the ADA, it is unlawful to discriminate against a person in employment on the basis of the employee’s actual, documented, or perceived disability.  This bar on disability discrimination extends to hiring, firing, promotion, pay, harassment, and other significant employment decisions.  While the ADA’s main purpose is to protect the rights of the disabled in the workplace, the law is conscious of the needs of employers to maintain safe and effective workplaces.  The ADA requires an employer to make reasonable accommodations for an

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

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 should encourage 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

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXXI, NO. 1, Spring 2019. It appears here with permission.

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXX, NO. 4, Winter 2018-2019. It appears here with permission.

By: Esther King, Esq.