News & Publications

By The Workers' Compensation Practice Group

The simple fact that a partially-disabled claimant has lost his job through no fault of his own does not mean the claimant is automatically entitled to disability benefits. As a general principle, “loss of employment should not be deemed due to disability if a worker without the disability would lose employment or suffer a reduction in earnings under the same economic conditions.” King William County v. Jones, No. 0576-15-2, 2015 Va. App. LEXIS 353, at *20 (Dec. 1, 2015). Instead, in order to receive benefits upon the loss of employment, the partially-disabled claimant must demonstrate “the wage loss is causally related to the partial incapacity.” Id. at 23.

By: The Workers' Compensation Practice Group

In Virginia, a finding that a claimant’s injury was caused by his or her own willful misconduct bars the claimant’s entitlement to benefits under the Workers’ Compensation Act.  If you tuned in for our June 2014 E-Blast, you may remember the case of Layne v. Crist, JCN No. VA02000002019 (May 20, 2014), in which the Full Commission took note of the conflicting case law surrounding the requirements of proving that the claimant’s injury was caused by his or her own willful misconduct. 

By: The Workers' Compensation Practice Group

When negotiating settlements and planning for future exposure in a claim, one issue to remain constantly aware of is the potential role that a Medicare Set-Aside (MSA) may play in your claim.  We must take Medicare’s interest into account in every workers’ compensation settlement.  Therefore, it is important to understand what a Medicare Set-Aside is, when you might need one, and what effect it can have on the handling of a claim.

By: The Workers' Compensation Team

A workers’ compensation claimant cannot be terminated merely for filing a workers’ compensation claim.  However, an employer may terminate a claimant as long as it is not in retaliation for the filing of a workers’ compensation claim but rather based on misconduct that is unrelated to the workers’ compensation claim. 

The Virginia Court of Appeals has held that an employee who is terminated for cause and for reasons not concerning his disability is not entitled to receive compensation benefits.  Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72, 84, 608 S.E.2d. 512, 517 (2005)(en banc).  This is because, “any subsequent wage loss is properly attributable to his wrongful act rather than his

By: Amanda Tapscott Belliveau, Esq.

By: The Workers' Compensation Team

A recent study released by the U.S. Department of Labor indicates that workplace fatalities declined 15% in Virginia in 2013. Additionally, workplace fatalities across the nation declined 5% in 2013.  This data is encouraging, as Virginia saw a troubling increase in workplace fatalities in the last several years, according to the Census for Occupational Injuries issued by the Bureau of Labor Statistics.

By: The Workers' Compensation Team

Homicides accounted for about 10% of all fatal workplace injuries in the United States in 2012.*  Additionally, thousands of other workers are injured as a result of workplace violence each year.  Among other issues, workplace violence requires employers to address OSHA concerns, potential workers’ compensation claims and, in certain situations, civil liability.

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.