News

3-PART WEBINAR SERIES (45 minutes each)

We are pleased to partner with McGriff to offer you a series of webinars on the most pointed topics of the times. 9/23 – A Review of the Intersection Between Workers’ Compensation and Employment Law (45 mins) Presented by: Alan K. Delahunty and Chris Pitts of McGriff Faraaz A. Jindani and Jessica J. Berdichevsky of Ford Richardson   10/5 – A Review of the Latest Statutory and Regulatory Changes Pertaining to COVID-19 (45 mins) Presented by: Alan K. Delahunty, Chris Pitts and Jen Desko of McGriff Scott C. Ford and Kwabena A. Akowuah of Ford Richardson Click here to register...

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UPDATED – WEBINAR – Noteworthy Case Discussion

If you were unable to attend this webinar: Please click here to access the recording. Please click here to access the slides Thank you for your interest – We appreciate you taking the time to listen! Webinar occurred – September 17, 2020 at 10:00 a.m. – 11:30 a.m. They discussed and reviewed the most noteworthy legal cases for the year. The format was a highly interactive review of those legal decisions that every Virginia adjuster should be aware of. Event was led by Scott Ford, Brian Richardson, Kwabena Akowuah, Audrey Marcello and Brian McNamara. This was a collaborative course with real-time...

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Update on Special Legislative Session: COVID-19 Presumption

On August 18, 2020, the Virginia General Assembly convened a special legislative session called for by Governor Northam to address issues related to “adopting a budget based on the revised revenue forecast and consideration of legislation related to the emergency of COVID-19 and criminal and social justice reforms.” There is one significant workers’ compensation issue before the General Assembly this session: should COVID-19 claims be presumed work related for certain employees who could be considered particularly at risk? There were three bills introduced at the beginning of the session: HB 5028 in the House of Delegates and SB 5022 and...

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Please join us in welcoming Corinne M. Bahner to the Ford Richardson Team.

Corinne is an Associate in our Northern Virginia office. Her practice is focused on defending employers and carriers against workers’ compensation claims in Virginia.     Practice Areas Litigation Workers’ Compensation Local Counsel Click to view full bio

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Legislative Update: New Standards for Police Officers and Firefighters Alleging PTSD

The Virginia General Assembly recently passed new legislation that will influence how police officers and firefighters will be able to recover workers’ compensation benefits for Post-Traumatic Stress Disorder (PTSD) in Virginia. The new statute, Va. Code § 65.2-107, requires that insurance carriers cover treatment for PTSD developed by police officers and firefighters as a result of exposure to a “qualifying event” in the line of duty. For purposes of this statute, a “qualifying event” includes any incident or exposure: resulting in serious bodily injury or death to any person or persons; involving a minor who has been injured, killed, abused,...

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Video – COVID-19 – Workers’ Compensation

We’ve been getting a lot of questions about COVID-19, and how it will pertain to Workers’ Compensation. We hope this quick video is a good primer into a larger discussion. If you have any questions, feel free to reach out to any of the attorneys at Ford Richardson, P.C.

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Virginia becomes the first state in the nation to adopt temporary mandatory workplace safety standards for SARS-CoV-2

On July 15, 2020, Virginia became the first state in the nation to adopt temporary, mandatory workplace safety standards for SARS-CoV-2 (COVID-19), when 16VAC25-220 was enacted and adopted by the Safety and Health Codes Board. The standards include mandating: appropriate personal protective equipment, sanitation, social distancing, infectious disease preparedness and response plans, record keeping, training, and hazard communications in workplaces. Interestingly, 16VAC25-220 explicitly states that, “nothing in the standard shall be construed to require employers to conduct contact tracing of the SARS-CoV-2 disease.” Of note, application of the standard is based upon the risk of exposure to the novel coronavirus....

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Virginia Supreme Court Again Extends Covid-19 Related Judicial Emergency

On July 28, 2020, the Virginia Supreme Court entered its Eighth Order Extending Declaration of Judicial Emergency in Response to Covid-19 Emergency, which extends the current declaration of judicial emergency through August 30, 2020.  Jury trials remain suspended within the Commonwealth of Virginia; however, statutes of limitations and other “case-related” deadlines remain unaffected after the Virginia Supreme Court ceased tolling of those deadlines on July 20, 2020.  Deadlines contained in the Speedy Trial Act will continue to toll under the Eighth Order. Currently, the Chief Circuit Judges of Virginia are drafting plans proposing how to safely restart jury trials within...

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The 8 Hour Work Day: Is It a Real Piece of Work?

Recently, the Court of Appeals of Virginia decided City of Charlottesville v. Sclafani, Record No. 1815-19-2 (2020). Mr. Sclafani was a police officer with the City of Charlottesville. After participating in an eight-hour SWAT training session, he felt pain in his left shoulder and left arm. During the entire session, he was acting in the role of a “take down guy” – the suspect who was taken to the ground, handcuffed, and brought back up to his feet. There was a lunch hour between the four-hour morning session and the four-hour afternoon session. Mr. Sclafani testified that he experienced problems...

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New Virginia Code Section 65.2-601.2 Goes Into Effect July 1, 2020

There have been several inquiries directed to the firm regarding the provisions of new addition to the Virginia Workers’ Compensation Act, Va. Code §65.2-601.2. This update provides our guidance on several frequently asked questions regarding this new section. I. What does the new code section provide for? The new section provides a required response to new claims for benefits from claimants. The Commission is directed to issue an order to employers, and employers are required to respond to that order within 30 days, accepting the claim, denying the claim, or stating that it lacks necessary information to complete its review...

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