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Community Association Board Meetings During the Time of COVID-19

04/15/2020Casey, Deborah M.

Our office has received numerous inquiries regarding whether and how boards of directors of Virginia community associations can meet the statutory requirements for open meetings and the “2-director rule” during the coronavirus pandemic with the Governor’s Executive Orders requiring social distancing and barring group gatherings of 10 or more people. Open Board Meeting Requirement The… Read more »

The Resurgence of the Defense Base Act

Black and White Photograph of Winnipeg classic architecture

05/01/2015Vandeventer Black

The Defense Base Act is a federal law that extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to apply to certain categories of employees working overseas. The three general divisions of covered employees are (1) those working on military bases acquired from a foreign government after 1940, (2) employees of contractors and subcontractors engaged… Read more »

Issues in Workers’ Comp: Legislative Update

Capitol Building U.S. Congress

01/15/2015Vandeventer Black

Here is a first look at some legislative changes that may be coming our way in the workers’ compensation world. We will keep you updated. And as always, if you have any questions or concerns about these potential Bills, please contact us. HB 1285 Workers’ compensation; definition of employee; property owners’ associations. Chief patron: Scott… Read more »

Paying Workers to Attend Medical Appointments

Gavel And Stethoscope

04/22/2014Vandeventer Black

An injured worker is entitled to reimbursement for mileage expenses when traveling to and from related medical appointments. But, is that employee also entitled to receive wage loss benefits for the time missed from work while attending related medical appointments? That answer is not as easy. It is certainly reasonable to expect, and even require… Read more »

Do I Have to Include That? . . . Calculating AWW

american dollar bills

04/03/2014Vandeventer Black

Must you include non-Longshore wages when calculating the pre-injury Average Weekly Wage (AWW) for a claim pursuant to the Longshore & Harbor Workers’ Compensation Act (LHWCA)? In a nutshell – YES. The scenario is not at all uncommon when it comes to Longshoremen and other maritime workers who qualify for LHWCA benefits following an industrial… Read more »

Back to Basics: Recalling Perini

shipping-containers

11/06/2013Vandeventer Black

Coverage under the Longshore and Harbor Workers Compensation Act has a somewhat tortured history. In today’s application, we throw around words like “situs” and “status,” but when a tough case comes along, it can help to recall the origins of the buzz words by tracing the history of Longshore coverage to see where your scenario fits in –… Read more »

Government Shut Down and Workers’ Compensation

Capitol Building U.S. Congress

10/02/2013Vandeventer Black

With the federal government shutdown still in place, many of you probably have questions about its direct impact on your workers’ compensation claims. Two important federal government players are noteworthy. 1. U.S. Department of Labor. This includes the Office of Administrative Law Judges (OALJ) and the Office of Workers’ Compensation Programs (OWCP). These are the two… Read more »

Employer Issues in Workers’ Compensation: Undocumented Workers

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09/11/2013Vandeventer Black

Employees working for an employer covered by the Virginia Workers’ Compensation Act are entitled to monetary benefits when a work-related injury causes a total loss of wage-earning capacity, such as where the worker is unable to return to his or her job because of a temporary or permanent injury.  This applies equally to unauthorized or… Read more »