News

Last month the Court of Appeals of Virginia authored an Opinion addressing the following three interesting legal issues important for any adjuster handling claims in Virginia in Abacus Remodeling and Construction v. Fogel, Record No. 0010-22-1 (September 13, 2022): A claimant may still establish a claim of injuries to claimed body parts despite late reporting of said injuries to his/her medical providers; The Commission may infer ongoing disability even in the absence of a medical record; and The Commission may find that medical causation has been established without a clear statement from a doctor based upon testimony of the claimant....

A 90-minute interactive conversation with Jacqueline Theis, OD, FAAO and  Scott C. Ford, Esquire was held and the following was discussed: How a comprehensive neuro-optometric eye examination detects brain injury. Return to work strategies for brain injury with visual impairment. Virtual Event Held – Thursday, November 10, 2022 from 1:00 PM to 2:45 PM EST Video Recording

The Commission has issued an updated 30-Day Order form, and began using it Friday, August 26, 2022. The 30-Day Order was created by statute in 2020 with the enactment of Va. Code §65.2-601.2 that requires that the Commission send an Order to the employer upon the filing of an initial claim for benefits, and requires that the Employer respond to that Order within 30 days, or face statutory fines. The Commission has made enforcement of this statute a point of emphasis since §65.2-601.2 went in to effect in July, 2020. Beginning August 26, 2022, the 30-Day Order form has two...

It is rare that issues involving workers’ compensation reach the Supreme Court of the United States (“SCOTUS”). However, on June 21, 2022, the Supreme Court issued an order list identifying cases before the Court. Among the cases provided, were two Minnesota workers’ compensation where the Court declined to grant certiorari – Musta v. Mendota Heights Dental, et al. and Bierbach v. Digger’s Polaris, et al. In both cases, the issue was whether the Controlled Substances Act preempts an order under state workers’ compensation law requiring an employer to reimburse an injured employee for the costs of medical marijuana used to...

We are starting a new video segment aimed at explaining legal topics in under a minute. This Legal Minute will be released monthly and cover a variety of topics. We are starting with some of the most common Workers’ Compensation related questions. Click here to watch the video:  Legal Minute: The Going and Coming Rule

Recently, we have seen an uptick in post-traumatic stress disorder (“PTSD”) claims from law enforcement officers and firefighters as Virginia Code §65.2-107 gains more awareness. The statute was enacted in 2020. It is an important issue for an adjuster to be aware of as we will likely see more cases come through the pipeline over time. Prior to this statute, a claimant had to show that PTSD resulted from an injury by accident caused by a physical injury or sudden shock or fright. Hess v. Va. State Police, 68 Va. App. 190, 806 S.E. 2d 413 (2017). In the alternative,...

While Virginia became the first southern state to legalize the adult use of cannabis through the Cannabis Control Act (“Act”) on July 1, 2021, progress in that newly created industry has slowed substantially. While it is now legal for adults 21 and older to possess up to one ounce of cannabis and to cultivate up to four cannabis plants per household for personal use at their place of residence, the November 2, 2021 election saw Republicans sweep the offices of Governor, Lieutenant Governor, Attorney General and now hold a majority in the House of Delegates. While Senate leadership remains the...

Video Recording This interactive webinar will provide an overview of validity assessment,  differential diagnoses and legal issues in cases of claimed brain injury. Presented by Dr. Nathan Zasler, MD, a brain injury medicine subspecialty certified physician, as well as Dr. Scott Bender, a board-certified neuropsychologist, both with extensive forensic experience, and Scott C. Ford, attorney, handling the defense of Workers’ Compensation matters for over 25 years. When – Thursday, June 16, 2022 from 3:00 PM to 4:30 PM EDT Presented by:   Dr. Nathan Zasler, MD – Founder, CEO & Medical Director of Concussion Care Centre of Virginia, as well as Founder...

On April 11, the final deadline for the Governor to take action on bills passed by the General Assembly elapsed. Any bills not vetoed or sent back with proposed amendments by the Governor by that date would have been deemed passed. This year, workers’ compensation bills passed relatively smoothly. The legislature and the Governor spent their energy on other matters, as they felt their way towards a new balance of power, with party control having changed from Democrat to Republican in the House of Delegates and the Governor’s Mansion, while Democrats retained control of the State Senate. With matters such...

On March 12, the General Assembly reached its constitutionally mandated limit of 60 days in session (for even-numbered years), and both houses adjourned sine die. Any bills that did not pass both houses by sine die are in essence dead, at least until the next legislative session. Bills that did pass both houses are signed by the Speaker of the House and the President of the Senate, and the final form of the bill is formally printed, or “enrolled.” The enrolled version is then sent to the Governor for his consideration. Within seven days of being presented, the Governor must...