Workers’ Compensation Defense

Contractor Safety Continues to Improve, but Trends Continue

Construction of office building on purple sunset with two cranes

09/24/2018Lowenstein, Neil S.

Various aspects of construction are inherently unsafe. The Federal Occupational Safety and Health Administration (OSHA) therefore continues to maintain focus on the construction industry in an ongoing effort to alleviate workplace incidents. Part of that efforts includes inspection and citation for workplace safety violations. For fiscal year 2017 (October 1, 2016 through September 30, 2017),… Read more »

Fee Schedule Update

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05/26/2016Caramore, Megan

On March 7, 2016, Governor Terry McAuliffe signed legislation to establish a workers’ compensation fee schedule in Virginia.  Virginia joins 45 other states in adopting a workers’ compensation fee schedule.  The fee schedule will go into effect on January 1, 2018, and will replace the current system of reimbursing medical providers at “usual and customary”… Read more »

EDI Compliance Penalty Information

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore EDI transactions are required reports under Virginia Code Section 65.2-902.  The Commission’s EDI Compliance Initiative (now in its seventh year) is preparing to issue penalties for failure to file such reports.  Requests that will result in a penalty include, but are not limited to: Failure to file initial FROI. Failure to… Read more »

Will Virginia Adopt a Medical Fee Schedule?

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore The Commission and Legislature appear to be exploring the possibility of a medical fee schedule for the Commonwealth’s workers’ compensation system.  Virginia currently has no fee schedule and relies on the usual and customary rates of providers in various geographical areas.  Under Virginia law, it is difficult to prove that a… Read more »

New Case Law on Wage Loss Benefits After Retirement

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore What happens when an employee announces his retirement but is injured shortly before his effective retirement date? Is he still entitled to wage loss benefits?  The Supreme Court of Virginia recently ruled on this issue and determined that the Claimant is still entitled to temporary total wage loss benefits, but not… Read more »

New OSHA Reporting Requirements Effective January 1, 2015

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12/22/2014Caramore, Megan

Authored by attorney Megan Caramore On September 11, 2014, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a final rule with respect to new reporting requirements for fatalities and severe injuries.  Previously, the rule required only that employers report fatalities or hospitalizations of three or more workers.  The new rule, which takes… Read more »

Worker’s Compensation in Virginia: Employer Basics

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07/03/2013Caramore, Megan

Authored by attorney Megan B. Caramore Under Virginia’s Workers’ Compensation Act, employers have certain obligations to their employees.  Below is a list of the basic information that every employer should keep in mind. An employer who regularly employs three or more full-time or part-time employees is required to purchase and maintain workers’ compensation insurance.  Employers… Read more »

Jones Act or Longshore Act?

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05/07/2013Vandeventer Black

Authored by attorney Lisa L. Thatch 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 Harbor Workers Compensation Act (the “ Longshore Act”) but excluding them from the Jones Act. In Lozman v. City of Riviera Beach, the Court… Read more »

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs… Read more »