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On March 18, 2020, H.R. 6201, The Families First Coronavirus Response Act (“the Act”), was enacted into law. The Act requires the expansion of paid sick leave and Family and Medical Leave Act (FMLA) in response to the sweeping coronavirus (COVID-19) pandemic in the United States. The changes are in effect through December 31, 2020, with the expectation that if the pandemic continues, further extensions will be considered. Who is Covered by the Expansion? The Act applies to certain public employers, and private employers with less than 500 employees, subject to several exemptions. If an employee is a healthcare provider...

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Learn about the Coronavirus from Yale Infectious Disease Specialist, James Shepherd, M.D., Ph.D. This interactive webinar will be followed by a discussion of the legal implications to employers and carriers by Scott Ford, Esq. and Brian Richardson, Esq. When:  Wednesday, April 1, 2020 from 12:00 PM to 1:30 PM EDT Where:  This is an online event.

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The Department of Health and Human Services (HHS) declared a public health emergency due to the continued spread of COVID-19 (coronavirus) on January 31, 2020, and the World Health Organization (WHO) declared the outbreak an international pandemic on March 11, 2020. As a consequence of the recent governmental travel advisories/restrictions and increasing government action restricting “normal” life for the indefinite future, many businesses will experience significant disruptions to their economic activities. Coronavirus is disrupting the global supply chains and trade, businesses are losing income and incurring additional expense a result of this emergent and evolving situation. These recent disruptions can...

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Ford Richardson has received numerous inquiries pertaining to potential liability connected with COVID-19 (coronavirus) and offers this guidance. Exclusivity Provision To the extent that an employee is diagnosed, the employee’s remedy will likely be limited to workers’ compensation benefits under Virginia’s exclusivity provision set forth in Va. Code §65.2-307. This provision of the Virginia Workers’ Compensation Act (“the Act”) provides that “the rights and remedies herein granted to an employee when his employer and he have accepted the provisions of this title respectively to pay and accept compensation on account of injury or death by accident shall exclude all other...

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Justin W. Ward, Partner, works within our collaborative community to make sure each client gets the care and attention they deserve.       PRACTICE AREAS Litigation Local Counsel Commercial Transportation Professional Liability Defense Product Liability Commercial Litigation Insurance Coverage Click to view Justin’s full bio.

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Virginia appears set to become the latest state to decriminalize possession of marijuana as the legislature has sent a bill to the Governor’s desk to do just that. In addition, the Joint Legislature and Audit & Review Commission has been tasked with developing recommendations for the complete legalization of marijuana by July 1, 2022. There are going to be sticky situations for employers and carriers when deciding what to do with medical marijuana prescriptions sooner rather than later. Are you willing to make a federal case out of it? Marijuana remains a Schedule I substance under the Controlled Substance Act....

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Most self-insured employers and carriers understand that the Virginia Workers’ Compensation Act permits an injured worker the right to recover from a negligent third party full damages for injuries inflicted on him or her by such party; and, from the recovery, the employer is reimbursed its lien for compensation benefits paid, subject to its pro rata share of attorney’s fees and costs. But often, a plaintiff’s attorney will argue that the proceeds of that third-party settlement should be reduced or split in thirds, meaning a third for the plaintiff/injured worker, a third for the plaintiff’s attorney, and a third for...

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Register now for the 19th Annual Workers’ Compensation Seminar on September 17th, 2020 at the Westin – Richmond.  This is one of the industry’s most engaging seminars. This year’s event will include an interactive appellant argument, “You be the Judge” and TWO keynote speakers, David Mitchell and Brad Hurtig

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Virginia Code Section 65.2-402 provides for a rebuttable presumption for heart disease and hypertension (among other diseases) for multiple classifications of mostly police and fire employees. This presumption applies only if the person invoking it has undergone a pre-employment physical, if requested, and was found free of hypertension or heart disease (whichever disease is being asserted). Moreover, the diagnosis of hypertension or heart disease must result in total or partial disability. Once the claimant has established entitlement to the presumption, the burden then shifts to the employer to establish a preponderance of evidence, both that 1) the claimant’s disease was...

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Save the date of September 17th for one of the industry’s most engaging seminars. This year’s event will include an interactive appellant argument, “You be the Judge” and TWO keynote speakers, David Mitchell and Brad Hurtig Click here to check out some of the moments captured from 2019. Registration details coming soon.

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