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E-NEWSLETTER ARTICLES
WORKERS’ COMPENSATION Law Changes
Jacob Perkinson June 2023
Panels of urgent care physicians
Megan Kerwin Clark August 2022
Supreme Court Opinion Regarding the Definition of an Accident - City of Charlottesville v. Sclafani
Megan Kerwin Clark September 2021
Recent deputy commissioner opinions finding claimant marketing efforts unreasonable
June 2021
UPDATE ON COVID-19 CLAIMS
Megan Kerwin Clark January 2021
Recent important decision by supreme court of va regarding the definition of “injury”
Megan Kerwin Clark October 2020
The New 30 day order - what you need to know
Jacob Perkinson October 2020
LAW CHANGES AFFECTING PUBLIC SAFETY EMPLOYEES Effective July 1, 2020
Megan Kerwin Clark July 2020
COVID-19 AND LAYOFFS OF PARTIALLY-DISABLED WORKERS
A. Jacob Perkinson June 2020
The COVID-19 pandemic has forced many businesses to temporarily close their doors or limit their operations, leaving many workers unemployed. There is a good chance that one of those newly-unemployed workers was partially disabled as a result of a work accident. Does that partially-disabled worker now get temporary total disability?
TELEWORKING INJURIES
A. Jacob Perkinson March 31, 2020
COVID-19 is forcing a lot of workers throughout the country to “telework” or “work from home.” This may result in an increase in claims by workers who sustain injuries while working from home.
COVID-19 workers' compensation claims and General Assembly updates
Tips for assessing compensability of COVID-19 claims, update on new workers’ compensation legislation, and summary of JLARC recommendations to the Governor and General Assembly.
Whitt & Del Bueno attorneys participate in 2019 Virginia Workers’ Compensation Conference and 100th Anniversary Gala
During the conference, Megan Kerwin Clark presented on the topic of evaluating a workers’ compensation case for settlement. October 28 & 29, 2019
important changes to virginia workers’ compensation law
Megan Kerwin Clark and A. Jacob Perkinson July 31, 2019
Statutory changes to workers’ compensation law and recent appellate decision regarding the definition of accident.
CASE LAW UPDATE AND OTHER NEWS
Megan Kerwin Clark April 26, 2019
Update on pending appeals regarding the definition of injury by accident, as well as a recent Court of Appeals decision regarding “Acts of God.”
calculating Permanent Partial Disability Benefits
A. Jacob Perkinson and Megan Kerwin Clark October 1, 2018
Permanent partial disability benefits (PPD) are designed to compensate claimants who suffer permanent impairment as a result of a compensable work injury. The amount payable in PPD is based on the claimant’s compensation rate as well as a specific compensation period found in Va. Code § 65.2-503. This article provides some quick tips to help you calculate and administer PPD.
Quick tips for calculating Temporary Partial Disability Benefits
A. Jacob Perkinson August 1, 2018
When a claimant returns to work earning less than her pre-injury average weekly wage, she is typically entitled to temporary partial disability benefits (TPD). The TPD rate is based on the claimant’s post-injury earnings, which can vary from week to week. Because the TPD rate is often a moving target, calculating it can be a cumbersome and costly task over time. This article provides some quick tips to help you avoid the common pitfalls when calculating TPD.
Quick tips for calculating pre-injury average weekly wage
Megan Kerwin Clark July 9, 2018
Pre-injury average weekly wage (“AWW”) is the basis for determining temporary total, temporary partial, permanent partial, and permanent total disability benefits. Thus, an incorrect AWW could result in thousands of dollars of undue compensation paid to the claimant. Because this calculation is so important and mistakes can easily be made, we are providing a short guide to help you calculate AWW in most cases, and inform you of some common mistakes.
Is There a new definition of injury by accident?
Megan Kerwin Clark March 22, 2018
For over thirty years, the Virginia Workers’ Compensation Commission and the appellate courts have consistently defined an “accident” as an identifiable incident or sudden precipitating event, which occurs at some reasonably definite time and is bounded by rigid temporal precision, and not the result of repetitive movement or cumulative trauma. However, the recent case of Riverside Regional Jail Authority v. Dugger, 68 Va. App. 32, 802 S.E.2d 184 (2017) seems to have expanded, or at least altered, the application of that legal standard in some cases.