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important changes to virginia workers’ compensation law

Megan Kerwin Clark, Esquire A. Jacob Perkinson, Esquire 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, Esquire 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, Esquire Megan Kerwin Clark, Esquire 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, Esquire 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, Esquire 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, Esquire 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.

 
 

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