Few topics have garnered as much attention and anticipation as the medical fee schedule that was recently enacted. In the 2016 regular session, the Virginia General Assembly proposed a major change to the landscape of medical payments under the Virginia Workers’ Compensation Act. Thereafter, on March 7, 2016, then Governor Terry McAuliffe signed a bill to implement a medical fee schedule to take effect on January 1, 2018. The new legislation is covered in Virginia Code Section 65.2-605.Read More
A recent Virginia Circuit Court case raises concern as to the steps required by the employer and carrier to protect a third party lien.
A recent Virginia Circuit Court case, Spicer v. Robinson (Circuit Court of Buckingham County, Case No. 16-99), raises concern as to the steps required by the employer and carrier to protect a third party lien. In Spicer the Circuit Court Judge held that a voluntary lump-sum settlement payment to the claimant should not be included as part of the employer’s lien under Virginia Code Sections 65.2-309, -309.1 and -310. The Court noted its reliance on Noblin v. Randolph Corp., 180 Va. 345 (1942) and Slusher v. Paramount Warrior, 336 F. Supp. 1381 (W.D. Va. 1971) in reaching this decision. The Circuit...Read More
Below is a summary of each bill. If you want to see the actual text and how it is integrated into the Code/Act, click on the header and go to PDF link next to “Governor: Acts of Assembly” (for bills that passed only). Bills that Passed: HB 1023 Foreign subpoenas; issuance by circuit court clerk of court. Provides that no foreign subpoena issued in the Commonwealth pursuant to the Uniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.) may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth. This bill is...Read More
Occupational Diseases and Mental Health Claims – How Exposure Outside the Workplace Constitutes “Employment”
In 2005, Hurricane Katrina devastated the Gulf Coast with unprecedented flooding and damage. In its’ aftermath, individuals from across the country went to New Orleans to assist with relief efforts. Thirteen years later, Hurricane Katrina’s impact is now being felt in the Virginia Workers’ Compensation community. The Virginia Workers’ Compensation Commission recently issued an Opinion that concerned a claimant firefighter paramedic who alleged post-traumatic stress disorder (PTSD) as an occupational disease in Munker v. City of Norfolk, JCN VA00001035404 (May 17, 2018).The claimant, while employed as a paramedic for the City of Norfolk, traveled to New Orleans to provide relief...Read More
May 2018 was a monumental month with the launching of Ford Richardson. We appreciate your support as we make this exciting transition. Our new main office in Richmond is located in the downtown district at Riverfront Plaza. We also have maintained both our satellite locations in northern Virginia and southwest with all of the attorneys from those offices joining Ford Richardson. We will soon be announcing an open house once we are situated in our new offices in Richmond. We will continue to provide regular updates via eBlast newsletters like this one, containing important updates on legal issues as well...Read More
Scott Ford and Brian Richardson, along with their team of attorneys and paralegals supported by their administrative staff form the firm of Ford Richardson, PC. Based in Richmond, Virginia with satellite locations in Northern Virginia and Southwestern Virginia, Ford Richardson, PC is perfectly positioned to represent you on all of your Virginia and Maryland Workers’ Compensation claims.Read More