By: Lauren E. Hutcheson, Workers' Compensation
The Virginia General Assembly adjourned the 2024 session on March 9, 2024. Following adjournment, the approved bills were sent to Governor Youngkin for his review. Governor Youngkin was given until April 8, 2024, to either approve or veto bills that were passed by the House and Senate. The General Assembly will reconvene on April 17, 2024, for a Veto Session to discuss and determine the fate of any vetoed bills.
With respect to any impact on worker’s compensation, Governor Youngkin approved two bills of note and overruled one.
Approved Bills
HB205 Time Limitations on Recovery of Medical Bill Payments For Services Rendered Prior to July 1, 2014- Approved by Governor effective July 1, 2024
This bill amended Va. Code § 65.2-605.1 to prohibit an employer or workers' compensation carrier from seeking recovery of a payment made to a health care provider for health care services rendered to a claimant unless such recovery is sought less than one year from the date payment was made to the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.
The bill also prohibits a health care provider from submitting a claim to the Workers' Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant unless such claim is filed within one year of the date the last payment is received by the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.
SB 241 Required Notice When Denying Claim- Approved by Governor effective July 1, 2024
This bill adds Va Code § 65.2-601.3. Notice of right to dispute claim.
Essentially, if a claim is denied, the employer or carrier shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers' Compensation Commission. Such notice shall include the following text:
IF YOU DISAGREE WITH THIS DENIAL, YOU HAVE THE RIGHT TO DISPUTE THE DECISION BY FILING A REQUEST FOR A HEARING WITH THE VIRGINIA WORKERS' COMPENSATION COMMISSION. IT IS YOUR RESPONSIBILITY TO DISPUTE THE DECISION AS SOON AS PRACTICABLE. THE WORKERS' COMPENSATION COMMISSION IS A STATE AGENCY RESPONSIBLE FOR MAKING FINAL DECISIONS ON DISPUTED WORKERS' COMPENSATION CLAIMS. HOWEVER, SUCH CLAIM MAY BE LOST IF YOU DO NOT FILE IT WITHIN THE TIME LIMIT PROVIDED BY LAW, WHICH IS TYPICALLY TWO YEARS AFTER THE INJURY.
Such notice shall also include the address, telephone number, and website through which the employee may contact the Virginia Workers' Compensation Commission.
Vetoed Bills
HB974 Burden of Proof for Unexplained Fall - Vetoed by Governor
The bill passed by the House and Senate provided that in any claim for workers' compensation, where the employee suffers an unexplained fall in the course of employment, such employee may satisfy the burden of proof by circumstantial evidence, testimony of others, other evidence, or any combination thereof.
Fortunately, Governor Youngkin vetoed this bill. His reason for the veto was that the proposed bill created a disproportionate imbalance in favor of the claimant. Under current law, to prove work-relatedness, injured workers must demonstrate that the injury resulted from something related to their employment and occurred during work hours and at the workplace. The proposed bill reduced the burden of proof for employees to demonstrate the work-relatedness of a fall incident and subsequently required employers disputing the work-related aspect to provide direct evidence, thereby disturbing the existing balance.
The General Assembly sustained the Governor's veto on April 17, 2024.
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Lauren E. Hutcheson has a dual practice defending employers and insurers in workers’ compensation and personal injury claims. She is an experienced trial lawyer who has successfully tried several jury trials in Virginia and handled a significant number of claims before the Virginia Workers’ Compensation Commission.
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 resolve claims successfully. Contact Us.
