When an Injured Worker Can Not Drive . . . and Can Not be Driven

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07/26/2011Vandeventer Black

When an employee is injured at work, the employer is obligated to provide medical treatment, and the injured worker is obligated to accept and comply with the provided medical treatment. Transportation to and from medical appointments is subject to the same edict. It is well established that the Commission holds the employer responsible for reasonable and… Read more »

You just got sued in Virginia Circuit Court, so now what?

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07/25/2011Lowenstein, Neil S.

Virginia has two trial courts that someone in the construction industry is likely to encounter. The first is General District Court, and you may start seeing this court more often because effective this year the jurisdictional limit was increased to $25,000. I’ll discuss those processes in a later blog. But if the amount in controversy… Read more »

Workers’ Compensation Insurance

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07/18/2011Vandeventer Black

With the intention of protecting employees by enabling them to collect any workers’ compensation claim due them by their employers regardless of the financial health of the employer, Virginia law requires every employer who regularly employs three or more full-time or part-time employees to purchase and maintain workers’ compensation insurance.  In addition to maintaining proper… Read more »

Court of Federal Claims Equitable Powers: Yes the CoFC Can!

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07/18/2011Lowenstein, Neil S.

Disregard that last blog! Despite that CoFC decision, the Federal Circuit, which has appellate jurisdiction over the CoFC, discussed the CoFC’s equitable powers in its recent decision in Turner Constr. Co., Inc. v. U.S., 10-CV-195, decided July 14, 2011. In it, the Federal Circuit confirmed the CoFC’s decision to enjoin the procurement of a contract… Read more »

Declaratory relief: Not in the CoFC

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07/15/2011Lowenstein, Neil S.

On July 6, 2011, the U.S. Court of Federal Claims held that while it had jurisdiction to hear a plaintiff’s claim against the Department for Veterans Affairs for breach of a property contract to the extent of the plaintiff’s money damages claim, it did not have jurisdiction or authority to award declaratory relief or “specific… Read more »

Alternative Dispute Resolution: Why it’s great

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07/13/2011Lowenstein, Neil S.

Contract disputes are traditionally resolved by judges or juries. Besides the costs involved, this entails putting resolution of your dispute in the hands of a judge or jury who does not know the facts or circumstances anywhere near as well as you, and may not, because of legal rulings, even get the complete facts or… Read more »

Preventing Workers’ Compensation Fraud

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07/11/2011Vandeventer Black

According to some statistics, workers’ compensation fraud contributes significantly to the annual estimated 30 billion dollar insurance fraud problem. Fraudulent workers’ compensation claims drain time and resources that are meant to assist workers legitimately injured on the job, and cost employers in higher insurance premiums. Though insurance fraud can be a staggering problem, there are… Read more »

Business Decision Voided Insurance Coverage

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07/06/2011Lowenstein, Neil S.

Claims are made against you regarding concerns with your work, so you decide to “fix” the problem as a business decision to maintain good will and avoid further issues. Sounds like a good business decision, doesn’t it? Well, not if you think the underlying issue could be subject to insurance coverage. In a recent decision… Read more »

Welcome to Vandeventer Black’s Workers’ Compensation Blog

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07/05/2011Vandeventer Black

I am pleased to introduce Vandeventer Black’s Workers’ Compensation Blog on which I will be posting case studies, suggested practices and policies, and general observations about the workers’ compensation system in Virginia, as well as the federal system pursuant to the Longshore & Harbor Workers’ Compensation Act. I, along with my fellow Vandeventer Black workers’ compensation attorneys, hope to be able to… Read more »

Employer’s Accident Reports

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07/05/2011Vandeventer Black

Employers often ask why they must file an Employer’s Accident Report (“EAR”) following every injury at work, even when the employee does not lose time from work, require immediate medical attention, or file a workers’ compensation claim.  The answer is simple.  The Virginia Workers’ Compensation Act requires that an employer file the EAR within 10… Read more »