News: E-Blast

We are starting a new video segment aimed at explaining legal topics in under a minute. This Legal Minute will be released monthly and cover a variety of topics. We are starting with some of the most common Workers’ Compensation related questions. Click here to watch the video:  Legal Minute: The Going and Coming Rule

Recently, we have seen an uptick in post-traumatic stress disorder (“PTSD”) claims from law enforcement officers and firefighters as Virginia Code §65.2-107 gains more awareness. The statute was enacted in 2020. It is an important issue for an adjuster to be aware of as we will likely see more cases come through the pipeline over time. Prior to this statute, a claimant had to show that PTSD resulted from an injury by accident caused by a physical injury or sudden shock or fright. Hess v. Va. State Police, 68 Va. App. 190, 806 S.E. 2d 413 (2017). In the alternative,...

While Virginia became the first southern state to legalize the adult use of cannabis through the Cannabis Control Act (“Act”) on July 1, 2021, progress in that newly created industry has slowed substantially. While it is now legal for adults 21 and older to possess up to one ounce of cannabis and to cultivate up to four cannabis plants per household for personal use at their place of residence, the November 2, 2021 election saw Republicans sweep the offices of Governor, Lieutenant Governor, Attorney General and now hold a majority in the House of Delegates. While Senate leadership remains the...

Video Recording This interactive webinar will provide an overview of validity assessment,  differential diagnoses and legal issues in cases of claimed brain injury. Presented by Dr. Nathan Zasler, MD, a brain injury medicine subspecialty certified physician, as well as Dr. Scott Bender, a board-certified neuropsychologist, both with extensive forensic experience, and Scott C. Ford, attorney, handling the defense of Workers’ Compensation matters for over 25 years. When – Thursday, June 16, 2022 from 3:00 PM to 4:30 PM EDT Presented by:   Dr. Nathan Zasler, MD – Founder, CEO & Medical Director of Concussion Care Centre of Virginia, as well as Founder...

On April 11, the final deadline for the Governor to take action on bills passed by the General Assembly elapsed. Any bills not vetoed or sent back with proposed amendments by the Governor by that date would have been deemed passed. This year, workers’ compensation bills passed relatively smoothly. The legislature and the Governor spent their energy on other matters, as they felt their way towards a new balance of power, with party control having changed from Democrat to Republican in the House of Delegates and the Governor’s Mansion, while Democrats retained control of the State Senate. With matters such...

On March 12, the General Assembly reached its constitutionally mandated limit of 60 days in session (for even-numbered years), and both houses adjourned sine die. Any bills that did not pass both houses by sine die are in essence dead, at least until the next legislative session. Bills that did pass both houses are signed by the Speaker of the House and the President of the Senate, and the final form of the bill is formally printed, or “enrolled.” The enrolled version is then sent to the Governor for his consideration. Within seven days of being presented, the Governor must...

February 15, 2022, marked an important date in the legislative calendar in Virginia, known as Crossover. That is the date by which bills that originated in one chamber of the General Assembly must “cross over” to the other chamber if those bills are to continue on in the current legislative session. Bills that fail to cross over by that date may not be considered further under the rules set by the General Assembly. As a result of the 2021 elections, Virginia is experiencing divided political control of government for the first time since 2019, with the Republican party taking control...

When – Thursday, September 15, 2022 from 7:30 AM to 4:30 PM EDT Where – Westin Hotel – 6631 W Broad Street, Richmond, VA 23230 We are excited to feature two dynamic Keynote speakers:  Brad Hurtig, Inspirational Speaker who survived horrendous workplace injuries and now advocates for workplace safety.  David Mitchell, author of “The Power of Understanding People”. In celebration of the return to an in-person seminar, we are giving away an Apple iPad to one lucky winner! Click here to download the full agenda. This program has been submitted for approval of CEU’s for the following credentials: CCM, CDMS, CRC, National Nurse FL...

Last year, the General Assembly amended Virginia Code §65.2-402.1 to add a presumption of compensability for certain employees who were diagnosed with COVID-19. The bill became effective on July 1, 2021, but the amendments themselves made it so the presumption was effective retroactively back to March 12, 2020. That presumption also ended on December 31, 2021. Va. Code §65.2-402.1(F)(2): “The presumptions described in subdivision B 1 shall apply to any person entitled to invoke them for any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death...

On January 10, 2022, CMS issued new revisions to the Worker’s Compensation Medicare Set-Aside arrangement (WCMSA) reference guide, which have significant impact on non-CMS approved Worker’s Compensation MSAs. Previously, the longstanding position and guidance from CMS has been that CMS approval of the proposed WCMSA amount is not required. However, in section 4.3 of the new reference guide, CMS has made an addition in their published recommendations regarding non-submitted MSAs. The new language on the guide states that “unless a proposed amount is submitted, reviewed, and approved using the process described in this reference guide prior to settlement, CMS cannot...