Worker’s Compensation

EEOC Releases Guidance for Employees with Mental Health Conditions

06/02/2017Pierce, Michael D.

In March 2017, the Equal Employment Opportunity Commission (“EEOC”) issued a Guidance concerning the legal rights of workers diagnosed with mental health conditions.  The Guidance came in the form of a question and answer sheet aimed at informing employers and workers of their rights under the Americans with Disabilities Act (“ADA”).  The Guidance provides significant… Read more »

Fourth Circuit Articulates Test for Joint Employment under the FLSA

Businessman Giving Cheque To Other Person

03/17/2017Bibeau Anne G.

Businesses frequently overlook the risk of liability under the Fair Labor Standards Act (“FLSA”) because they do not consider potential overtime and minimum wage claims by non-employees. A common tactic in FLSA litigation is for the plaintiffs to sue not only the business that employed them, but also related businesses or businesses that they worked… Read more »

The Resurgence of the Defense Base Act

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

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 »

New Virginia Laws Address Medical Provider Billing

06/18/2014Caramore, Megan

On July 1, 2014, new laws go into effect in Virginia to address medical provider billing in state workers’ compensation cases. The changes include additions to Virginia Code Section 65.2-605 which limit the amount that medical providers may charge for the services of nurse practitioners, physician’s assistants and assistant surgeons during surgery. Additionally, the changes… Read more »

Paying Workers to Attend Medical Appointments

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

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

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

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 »