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On December 10, 2025, the Full Commission issued an Opinion affirming the denial of a workers’ compensation claim in which the claimant was injured after a near miss with a vehicle that ran into a safety bollard and onto the sidewalk outside of a Walmart store. Ullmann v. Wal-Mart Associates, Inc., VA00002140409 (Dec. 10, 2025). The Commission found this incident did not arise out of the claimant’s employment. In reaching its decision, the Commission emphasized Virginia’s adoption of the “actual risk doctrine” and its repeated refusal to adopt the “positional risk doctrine.” This decision reinforces a fundamental (but frequently misunderstood)...

Here is a link to our Holiday video. We hope everyone has a great holiday season! Link: https://youtu.be/j4oH4IDqYgg

Old Farmer’s Almanac predicts a colder-than-normal winter in Virginia this year, and while the opportunities for Virginians to dash merrily through fields of snow may be relatively few and far between (snowfall is predicted to be lower-than-average this year), icy streets, walkways, and parking lots are still a risk to be considered by both employers and employees. Ice-Related Accidents on Public Roadways While many employees now have the option of working remotely, driving to, from, and for work is still a necessity for much of the workforce. Consider an icy winter morning on which two Virginians are on their ways...

You’re invited to join Ford Richardson for an insightful webinar discussion on a case that’s capturing national attention and its potential impact on Virginia law on Thursday, December 4, 2025 2:00 PM – 3:00 PM (EST) via Zoom. Implications to Workers’ Compensation and Liability Law Speakers: Scott C. Ford, Esq., Brian J. McNamara, Esq., Justin W. Ward, Esq. and Emily C. Pappas, Esq. Summary: This webinar will examine the circumstances and legal aftermath of the Virginia school teacher who was shot by her six-year-old student. This discussion will include an analysis of the recent $10 million dollar award and its...

An 800-patient study conducted by Vertanical, a German drugmaker, showed an experimental medication made from marijuana successfully reduced back pain, offering further support for the drug’s potential in treating one of the most common forms of chronic pain. The new medication contains tetrahydrocannabinol (THC), but levels of the chemical are essentially a microdose compared to products sold at marijuana dispensaries in the United States. The results of the study provide an argument for an alternative to current drugs used to reduce pain. Over-the-counter pain relievers, such as ibuprofen, lack the ability for long term use given their side effects, which...

In Virginia we are continuing to see a good number of Applications advanced by medical providers alleging medical reimbursement disputes. Many of these are involving prescription reimbursements. Just days ago, on August 7, 2025 the Full Commission released two Opinions related to medical provider fee disputes—Wil Hanson v. YMCA of South Hampton Roads, JCN: VA00000493234 (August 7, 2025) and Dyson v. Chesterfield County Public Schools, JCN: 1848504 (August 7, 2025). Both of these Opinions highlight some important strategies for employers and carriers to keep in mind with these cases. It appears to this author that the Commission remains frustrated with...

In Virginia, the state constitution limits how long the General Assembly can be in session. Legislative sessions are limited to 60 days in even numbered years and 30 days in odd numbered years. After the legislative session ends, on the sixth Wednesday after adjournment, the General Assembly reconvenes for two purposes: to take final action on vetoed bills or bills with proposed amendments from the Governor, and to conclude work on the budget bill. The Constitution even specifies that in the reconvened session that other than returned bills and returned appropriations items and bills, “[n]o other business shall be considered…”...

With the long period of extreme heat we have experienced in the Commonwealth, employers may experience an influx of workers’ compensation claims for heat stroke and other heat-related injuries. With that in mind, it is a good time to revisit the way that claims resulting from heat exposure are treated in the Virginia Workers’ Compensation Commission to help you make decisions about compensability based on the law. The Virginia Workers’ Compensation Commission has found that heat stoke can be a compensable injury, if it results from conditions of employment greater than the hazards that the public at large are exposed...

Effective July 17, 2025, Centers for Medicare & Medicaid Services (“CMS”) will no longer review a Medicare Set-Aside (“MSA”) recommendation for a “zero-dollar allocation.” This change comes as an acknowledgement that the significant time and expense of reviewing these zero-dollar MSAs is of little benefit to the Medicare Trust Fund. What this means is that, going forward, Virginia employers are no longer required to submit for CMS approval an MSA in which Medicare’s interests are valued at $0 (Section 8.1, WCMSA Reference Guide). This is a significant change, given the difficulty in recent years in obtaining zero-dollar allocation approval from...