News & Publications

By: The Workers' Compensation Practice Group

The General Assembly recently passed an Amendment to the Virginia Workers’ Compensation Act section 65.2-805.  This code section assesses a civil penalty against employers who fail to have workers’ compensation coverage when it is required. The new amendment increases the penalties significantly to not more that $250 a day for each day of noncompliance, up to a maximum of $50,000, plus collection costs.  This change goes into effect on July 1, 2014.

By: The Workers' Compensation Practice Group

Due to recent winter weather, employers and workers' compensation insurers may see increased reports of slips and falls while employees are arriving at and leaving work. In Virginia, these accidents are only compensable if they arise out of and in the course of employment.

By: Amanda S. Tapscott, Esq.

Entitlement to PPD Not Proven

Trevathan v. Loudoun County School Board, No. 226-12-4, 2013 Va. App. LEXIS 205 (Ct. App. Jul. 16, 2013) (mem.)

The Court of Appeals affirmed the Commission's denial of a claim for permanent partial disability benefits made based upon a 25% impairment to the left leg.  In his accident, Claimant suffered a dislocated left hip and fractured his left femoral head and left femoral hip, for which benefits were awarded.

By: The Workers' Compensation Practice Group

Reid v. Virginia Commonwealth University

Rec. No. 0478-13-2 (Va. Ct. App. Oct. 22, 2013)

The Court of Appeals affirmed the Commission’s decision to deny the claimant’s request for medical benefits for the neck and left shoulder.  The Court of Appeals affirmed the finding that these injuries were not compensable consequences of the prior right shoulder injury.

By: The Workers' Compensation Practice Group

The Full Commission reversed the decision of the Deputy Commissioner below, who had found that the claimant failed to adequately market his residual work capacity while on light duty. The Deputy Commissioner found that the claimant failed to put on evidence of the dates of contacts, the numbers of contacts, or any evidence that he looked for work at places with openings. In finding that the claimant did make reasonable efforts to market his work capacity, the Full Commission pointed to the unique and unusual circumstances of the claim.