Virginia's March Toward Adopting the Federal Spoliation Rules

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.

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Impairment Ratings Related to Total Joint Replacement in Workers' Compensation Claims

By: Amanda Tapscott Belliveau

The Court of Appeals recently addressed the issue of impairment ratings as they relate to total joint replacements in Loudoun Co. v. Richardson, Record No. 1533-18-4 (April 16, 2019). The claimant sustained an injury to his hip, and the treating physician assigned a 74% loss of use rating to his left leg based upon his impairment prior to undergoing a hip replacement.  The Court of Appeals rejected the employer’s argument that the appropriate measure of loss is the claimant’s impairment after his hip replacement, as the implanted prosthetic enabled him to achieve maximum medical improvement.  The Court of Appeals found that the loss of use is measured by a claimant’s impairment at the time of the necessary implantation of the corrective device.  The Court of Appeals found that nothing in

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"Act of God" and Compensability in Virginia

By: Eva C. Roffis and Joseph T. McNally, Jr.

With the spring season here and the summer months approaching, many employers may find an increase in work tasks to be performed outdoors. As a result of increased productivity outdoors, employees will be exposed to varying weather conditions and forces of nature in the form of wind, rain, lightning, hail, etc. However, accidents and injuries caused by weather conditions must be tied to an actual risk of employment in order to be found compensable.

"Act of God" and the Actual Risk Test

In Virginia, the “actual risk” test requires that the employment task expose the employee to the particular danger that instigated his or her injury. Under the actual risk test, evidence of an injury while at work from a force of nature, standing alone,

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Material Misrepresentation on an Employment Application as a Defense to Workers' Compensation Claims

A Resource to Utilize in Workers' Comp Defense

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Using Social Media Evidence to Defend Workers' Compensation Claims

By: Eva C. Roffis

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Beat the Heat: Defending and Preventing Heat Exposure Claims

By: Emily C. Whitaker 

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Navigating the Two Causes Rule

By: Lauren E. Hutcheson, Esq

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An Approach for U.S. Companies to the GDPR

By. Michael H. Gladstone, Esq. 

Once GDPR applicability is determined, a host of significant responsibilities apply to US Controllers and Processors of EU subject personal data. The duties extend to the data subject, the EU and its supervising authority, and between Controllers and Processors. Significant adjustments may be required on both the security and informational side of Controller and Processor technology to comply with the notice and subject response obligations imposed on Controllers and Processors. The security by design concepts of the regulation will expose many gaps in current processing capacity. GDPR compliance management will become an administrative function in covered businesses whether or not they operate at a level requiring data processing assessments or designation of a DPO. Companies that resist compliance risk not just enforcement but loss of business relationships with customers obliged to comply.

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