News & Publications

Virginia Workers’ Compensation Legislative Alert: New Legislation Takes Effect July 1, 2022

These 5 new laws will take effect on July 1, 2022:

July 20, 2022

Tags: Workers' Compensation, Virginia Legislative Alert, Workers' Compensation Defense Digest

Provider Panel Considerations

What is a panel?

A valid panel is a list of at least three different providers from at least three different practice groups from which the claimant may select an authorized treating provider.

Once a provider is selected from a panel, the claimant is limited to treating with that provider and with the referrals made by that provider.

Why is a panel important?

The panel is an important tool, as it provides some control to the employer and carrier in limiting which doctors the claimant may treat with in the workers’ compensation claim. After the treating physician is established in a claim, it can be difficult for either party to later change treating physicians unless all parties agree.

March 11, 2022

Tags: Workers' Compensation, Workers' Compensation Defense Digest

Virginia Workers’ Compensation Legislative Alert: Proposed Legislation 2022

Twenty proposed bills related to workers’ compensation are currently pending before the Virginia General Assembly. Read further for summaries of important proposed legislation targeting:

February 15, 2022

Tags: Workers' Compensation, Virginia Legislative Alert, Workers' Compensation Defense Digest

Commission Further Defines What Constitutes a Compensable Injury by Accident

wORKERS’ COMPENSATION DEFENSE DIGEST | JANUARY 2022

The claim below represents another example of how the Commission is distinguishing compensable, identifiable events from non-compensable cumulative/repetitive trauma.

INTRODUCTION

January 14, 2022

Tags: Workers' Compensation, Workers' Compensation Defense Digest

Recent Opinion Finds Employers Responsible for Cost of FCE Impairment Rating

This Recent Opinion is a Departure

In its recent Opinion in Elliott v. Sam Green Vault Corp., JCN VA00001108316 (Oct. 5, 2021), the Commission departs from its prior rulings, with one Commissioner dissenting.

November 19, 2021

Tags: Workers' Compensation, Workers' Compensation Defense Digest

Updates From The Virginia Workers’ Compensation Commission & General Assembly

WORKERS’ COMPENSATION DEFENSE DIGEST | FEB 2021

February 18, 2021

Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp

Proposed Bills Seek to Create Presumption for some COVID-19 Claims under the Workers’ Compensation Act

COVID-19 EDITION | Coronavirus & Comp Updates

LEGISLATIVE ALERT

- - Several bills regarding COVID-19 and its treatment under workers’ compensation have been introduced at this week’s Special Session of the Virginia General Assembly.
  - Specifically, these bills seek to establish a presumption of compensability for COVID-19 have been referred to committee for consideration. See details below for proposed bills: HB 5028; SB 5066 , SB 5097 , and SB 5104 ; and SB 5022.

HB 5028

Proposed amendment to Va. Code §65.2-402.1, to be retroactive to January 1, 2020: COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any (i) firefighter, as defined in § 65.2-102; (ii) law-enforcement officer, as

August 19, 2020

Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp

Coronavirus and a Remote Workforce: A Dual Review of Workers’ Compensation & Employment Law Concerns

SPECIAL EDITION | Coronavirus & Comp Updates

- - The effects of the coronavirus pandemic have caused many changes in how we work in Virginia. Office workers and teachers are some of the many types of employees who have transitioned to working remotely because of Governor Northam’s Executive Orders closing schools and encouraging telework. With a large part of the workforce working remotely and/or from home, there are several issues for employers and carriers to consider.

Workers’ Compensation Concerns

Arising Out Of

Added risks in the employee’s home workspace are likely to be “conditions of the work place” meeting the arising out of element of a workers’ compensation claim.

Three Case Examples:

April 15, 2020

Tags: Employment Law, Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp

Coronavirus, Nursing Homes and In-Home Care Providers

SPECIAL EDITION | Coronavirus & Comp Updates

- - Compensability and Burden of Proof

A nursing home employee or in-home health care professionals can prove a compensable coronavirus claim, by showing that their coronavirus diagnosis:

1. arose out of and in the course of the employment;

2. did not come from causes outside of work; and,

3. that coronavirus is an infectious or contagious disease contracted in the course of employment in a nursing home or in the direct delivery of healthcare.

The second and third elements will likely be the most difficult to prove.

Nursing Homes are at the Highest Risk of Being Affected

However, as COVID-19 spreads in the United States, confirmed cases in nursing homes and long-term care facilities have continued to rise. The Centers for Disease Control and Prevention (“CDC”) has indicated that nursing homes are at the highest risk of being

April 9, 2020

Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp

All COVID-19 Related Updates From The Virginia Workers’ Compensation Commission (VWC) and More

COVID-19 EDITION | Coronavirus & Comp Updates

The Virginia Workers’ Compensation Commission (VWC) is responsible for carrying out the requirements of the Virginia Workers’ Compensation Act, while administering Virginia's workers’ compensation program, meeting legal requirements and providing various protections.

Also included are relevant updates from other organizations, such as the WCIO.

We will continually update this article as announcements are made. Scroll to the list of links to each Order with summaries appearing below.

April 8, 2020

Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp

News & Publications

Virginia Workers’ Compensation Legislative Alert: New Legislation Takes Effect July 1, 2022

Provider Panel Considerations

Virginia Workers’ Compensation Legislative Alert: Proposed Legislation 2022

Commission Further Defines What Constitutes a Compensable Injury by Accident

wORKERS’ COMPENSATION DEFENSE DIGEST | JANUARY 2022

The claim below represents another example of how the Commission is distinguishing compensable, identifiable events from non-compensable cumulative/repetitive trauma.

Recent Opinion Finds Employers Responsible for Cost of FCE Impairment Rating

This Recent Opinion is a Departure

Updates From The Virginia Workers’ Compensation Commission & General Assembly

Proposed Bills Seek to Create Presumption for some COVID-19 Claims under the Workers’ Compensation Act

LEGISLATIVE ALERT

HB 5028

Coronavirus and a Remote Workforce: A Dual Review of Workers’ Compensation & Employment Law Concerns

Workers’ Compensation Concerns

Coronavirus, Nursing Homes and In-Home Care Providers

All COVID-19 Related Updates From The Virginia Workers’ Compensation Commission (VWC) and More

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