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The Full Commission’s Opinion in Woodmancy v. Jett’s Specialty Contracting, JCN: VA00001945163 (July 7, 2023) is yet the latest example of the Commission’s application of definition of “injury by accident” in Virginia. For years the definition of “injury by accident” was quite straightforward requiring claimant to establish a single, identifiable incident. The most often cited case for this proposition was Morris v. Morris, 238 Va. 578 (1989). However, beginning with the case of Van Buren v. Augusta County, Record No.: 1975-15-3 (July 19, 2016) we began to see an erosion of the definition of “injury by accident.” This author believes...

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Legal Minute: Permanent Total Disability

Due to divided political control of the Virginia government, the 2023 legislative session was relatively mild in regards to workers’ compensation. Four new bills are set to take effect on July 1, 2023, almost all of which expand benefits to first responders. Each of the bills passed by the General Assembly this year were signed by the Governor without amendment. NEWLY ENACTED LEGISLATION – BILLS ARE EFFECTIVE JULY 1, 2023: HB 1408: Presumption of Compensability for Bladder and Thyroid Cancers – Expands the presumption of compensability of certain cancers for firefighters, police officers, and certain hazardous material officers and special...

It is important for the Virginia adjuster to closely examine whether the claimant has indeed suffered a “sudden mechanical or structural change in the body.” If not, the claim should be denied. This defense is often overlooked in Virginia. The determination as to whether the claimant has suffered a “sudden mechanical or structural change in the body” requires a close examination of the medical records and often a specific inquiry to the treating physician(s) in appropriate cases. The Virginia adjuster should be mindful of this potential denial of a claim particularly in cases involving pre-existing condition and/or in instances where...

Click here to watch this month’s one minute adjuster tip that is on the topic of:  Legal Minute: Termination for Justified Cause

The recent, tragic case of a schoolteacher being shot by one of her students could have long-lasting effects on workers’ compensation law and tort liability in the Commonwealth of Virginia. Due to significant potential tort liability, the teacher’s employer, the City of Newport News School Board, wants her injuries to be covered under Virginia Workers’ Compensation Act. The teacher and her attorney are asserting that her injuries should not be covered under the Act. As many of you have seen in the news, a 25 year-old teacher in Newport News, Virginia, was shot by a 6 year-old student in her...

Date/Time:  Tuesday, June 20, 2023, 1:00 P.M. – 3:00 P.M. Presented by: Scott C. Ford, Co-Founder & Partner Jessica J. Berdichevsky, Senior Associate Attorney Peter J. Leyh, Associate Attorney Rachel N. Sowder, Associate Attorney Click here to view the recording of this webinar

March 27, 2023 marked the final deadline for the Governor to take action on bills passed by the General Assembly. Any bills not vetoed or sent back with proposed amendments by the Governor by March 27th have been deemed passed. As a result of the 2022 elections, Virginia continues to experience divided political control of government. The Republican Party holds control of the Governor’s Mansion and a majority of the House of Delegates (52-48) with the Democratic Party continuing to retain the Senate (21-19). This means that bills that passed through one chamber easily could meet resistance in the other,...

The cost of prescription drugs continue to grow as a percentage of claim exposure. It is important that the Virginia adjuster be aware of the law in this area and strategies to mitigate this exposure for workers’ compensation claims. Below are several tips for the Virginia adjuster. 1. Be Certain that the Presented Prescription is Related and for an Awarded Injury. Be certain that the prescription is due to an injury covered by the entered medical Award. If not, it should likely be denied. Be mindful that all direct injuries from the work accident must generally be filed within two...

Is the Full Commission moving towards deeming every slip and fall in Virginia compensable? While I hope not as that would be contrary to existing law, the recent decision in Santi v. Loudon County Public Schools, JCN No. VA00001703395 (March 1, 2003) causes this author to pause and wonder if that could be the trend that we are moving towards. In Santi the Full Commission in a split 2-1 Opinion reversed the finding of the Deputy Commissioner that the claimant had not proven a compensable injury arising out of the employment and remanded to the Deputy Commissioner to address remaining...