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Virginia Alcoholic Beverage Control v. Blot, Record No. 1395-21-2 (Va. App. Sept. 6, 2022).

The claimant tripped over a rug and injured his knee sustaining a compensable injury by accident. Later, the claimant stopped working after receiving a note from his cardiologist taking him out of work due to COVID. The claimant admitted his decision to stop working was not due to his knee injury.

During the claimant’s absence from work, the employer replaced him.  Approximately one year later, the claimant returned to light duty work. His treating physician gave him “light duty” restrictions but did not specify what those restrictions where, nor did the doctor restrict the number of hours the claimant could work.

The employer had updated their systems in the claimant’s absence, so when he returned to work he needed to be retrained. While he was on light duty, he worked reduced hours due to scheduling issues and his need to be retrained. He began marketing his residual capacity but did not find a job.

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

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.

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

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

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. 

WORKERS’ COMPENSATION DEFENSE DIGEST | FEB 2021

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

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:

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