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

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

SB 351 – Permanent and Total Incapacity

Va. Code §65.2-503 currently permits an award of permanent and total disability benefits for the loss of both hands, both arms, both feet, both legs, both eyes or any two thereof from the same accident. The new legislation expands Va. Code §65.2-503 by creating an entitlement to permanent and total disability benefits as a result of a loss sustained because of a compensable consequence.

SB 562/HB 1042  - Statute of Limitations for Cancer Claims

Adds a statute of limitations, which applies to occupational cancer diseases under Va. Code §65.2-402(C), unless a claim is filed within two years of when the diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs.

Bars claims for cancer under Va. Code §65.2-402(C) if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.

SB 677 – Amending the Cost of Living (COLA) Statute

Clarifies that COLA shall be payable to claimants who are receiving workers’ compensation benefits and are not receiving benefits under the federal Old-Age, Survivors and Disability Insurance Program.

HB 689 – Workers’ Compensation – Raising Cap on Home/Automobile Modifications, Requiring Scooters

Increases the cap on home/automobile modifications in Va. Code §65.2-603 from $42,000 to $55,000.  The cap will also increase annually at the same rate as the annual COLA increase in Va. Code §65.2-709.  Further expands Va. Code §65.2-603 to require the employer to furnish scooters in certain circumstances.  

HB 932 – Extending the COVID-19 Presumption for Health Care Providers

Extends the period of the COVID-19 presumption for health care providers in Va. Code §65.2-402.1(B)(1) from prior to December 31, 2021, to prior to December 31, 2022.

Workers’ Compensation Practice Group at McCandlish Holton defends workers’ compensation claims in all areas of Virginia from initial investigation to the trial and appellate levels of litigation. 

Our experienced team provides innovative legal strategies tailored to the needs of your claims.  We carefully balance aggressive advocacy with skilled diplomacy to successfully resolve claims. Contact Us.