Month: March 2013

Carrier Prevails in Medical Bill Dispute

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03/28/2013Caramore, Megan

In the absence of a reimbursement agreement with the medical provider, workers’ compensation carriers in Virginia are required to pay medical providers according to the prevailing community rate as provided by Va. Code Section 65.2-605 and Rule 14 of the Virginia Workers’ Comensation Commission Rule 14.  In a dispute, the carrier bears the burden of… Read more »

U.S. Supreme Court – A Houseboat is not a Vessel

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03/26/2013Vandeventer Black

The Supreme Court recently issued an opinion that may have the effect of permitting more injured workers to fall within the realm of the Longshore and HarborWorkers Compensation Act (the “ Longshore Act”) but excluding them from the Jones Act. In Lozman v. City of RivieraBeach, the Court further addressed the issue of whether or… Read more »

Rebound in Construction Activity?

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03/22/2013Nicholos, George M.

Authored by attorney George M. Nicholos The Architecture Billings Index for February of 2013 indicates a continued strong pace in design activity in architectural firms and suggests an oncoming jump in nonresidential construction spending during the second half of this year. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys… Read more »

New Federal I-9 Form Required After May 7, 2013

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03/20/2013Lowenstein, Neil S.

The Department of Homeland Security published a new form for verifying employment eligability that is applicable to all U.S. business. Vandeventer Black’s Mara Mijal offers this summary of the change: On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to… Read more »

County Claims: Don’t Forget the Notice of Appeal and Bond

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03/20/2013Lowenstein, Neil S.

Claims against County’s have their own statutory requirements in Virginia, including the requirement in Virginia Code Sec. 15.2-1246 that claimants both provide a written notice of appeal and a bond to be filed with the clerk respecting appeal of any money claims against the county. Recently, the Virginia Supreme Court reversed a judgment because the… Read more »

We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

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03/18/2013Mazzeo, Anthony J.

Authored by attorney Anthony J. Mazzeo The euphoria you feel upon being notified by a contracting officer that your company has been awarded a federal contract on which you recently bid can quickly turn to dread if you discover that a mistake caused you to underbid the work. Being bound to a contract based on… Read more »

Careful what you say: it may be actionable defamation

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03/14/2013Lowenstein, Neil S.

The Virginia Supreme Court recently held that a contractor could sue a competitor for defamation for asserting to the plaintiff contractor’s client that the plaintiff contractor told the competitor he as going to “screw” the client. The lower court had dismissed the defamation claim, concluding that competitor’s statements were opinion. The Virginia Supreme Court reversed,… Read more »

I Would’ve Offered Light Duty, But I Fired Him . . .

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03/13/2013Vandeventer Black

As a result of the 2009 decision by the Virginia Court of Appeals in Shenandoah Motors, Inc. v. Smith, 53 Va. App. 375, 672 S.E.2d 127 (2009), the framework for challenging claims to post-termination partial disability benefits changed significantly. It used to be the case that in order to bar a claim to post-termination partial disability… Read more »

New Restrictions on Mechanic’s Lien in Virginia

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03/04/2013Harvey, James R.

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs… Read more »