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Virginia Workers' Compensation: Law and Practice, Fourth Edition

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ISBN: 9781422490235
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ISBN: 9781579119157
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Virginia Workers’ Compensation Law and Practice examines the legal relationships between employers, employees, and insurance carriers. It details the responsibilities of all parties, the special nature of the compensation case, and how it should be processed. Specifically tailored for both practitioners seeking compensation for their injured clients and practitioners representing employers, Virginia Workers' Compensation Law and Practice contains the latest cases, law and recent developments and in-depth coverage of:

 •  Virginia Workers’ Compensation law in the electronic age — latest cases, statutes and Commission procedures
 •  Analysis of Commission’s current procedures and positions

Essential for the practitioner:

 •  Virginia Worker’ Compensation law from “who is under the Act” to settling third-party cases with analysis, discussion, and citations for everything in between
 •  Understand new Employer entities—limited liability companies and Professional Employer Organizations and explore in new ways old concepts of statutory employers and employees
 •  In depth analysis of Injury by Accident and Occupational Diseases
 •  Interpretations of the cases and concept of arising out of and in the course of the employment
 •  Demystifying de facto awards, marketing, selective employment and vocational rehabilitation
 •  What everyone should know about filing and resolving claims and employer applications
 •  Expanded discussion of discovery, hearings, reviews and appeals
 •  Compromise settlements — is it best for the client? Understand Medicare and social security pitfalls. Learn what documents to submit, what phrases to include and what procedures to follow
 •  Third party settlements — don't forget the subrogation

The eBook versions of this title feature links to Lexis Advance for further legal research options.

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Table of Contents

CHAPTER 1 HISTORY AND DEVELOPMENT OF WORKERS' COMPENSATION LAW

§ 1.01 Introduction

§ 1.02 Development of the Modern Compensation System

§ 1.03 The Virginia Act


CHAPTER 2 EMPLOYEES, EMPLOYERS, COVERAGE

PART 1: WHO IS COVERED BY THE ACT

§ 2.01 Virginia and Foreign Injuries

§ 2.02 Voluntary Coverage

§ 2.03 Required Coverage

§ 2.04 Who Is an Employee

§ 2.05 Who Is an Employer

§ 2.06 Exempt Employers-Employees

§ 2.07 Independent Contractors

§ 2.08 Special Employment Situations

§ 2.09 Uninsured Employer's Fund


PART 2: PUBLIC EMPLOYEES

§ 2.10 In General

§ 2.11 Commonwealth of Virginia Positions

§ 2.12 Municipal and Local Government Positions

§ 2.13 Jail Officers and Superintendents

§ 2.14 National Guard, Virginia Naval Militia, Virginia
Defense Force, United States Civil Defense Force

§ 2.15 Volunteer Firefighters, Volunteer Life Saving and
Rescue Squad Members, and Similar Volunteers


PART 3: PRESUMPTION OF APPLICABILITY OF ACT

§ 2.16 In General

§ 2.17 Employer May Voluntarily Elect to Be Under Act

§ 2.18 Duty to Insure or Self-Insure

§ 2.19 Ways to Insure

§ 2.20 Notice of Cancellation or Nonrenewal

§ 2.21 Civil Penalty

§ 2.22 Criminal Penalty

§ 2.23 Election of Compensation or Civil Suit

§ 2.24 Employee Is Not Required to Elect Remedy

PART 4: WHAT DOES IT MEAN TO BE UNDER THE ACT

§ 2.25 Exclusiveness of Remedy

§ 2.26 Immunity of Co-Employees


CHAPTER 3 BENEFITS

§ 3.01 In General

§ 3.02 Average Weekly Wage

§ 3.03 Maximum and Minimum Compensation Rates

§ 3.04 500 Week Limitation on Total Compensation

§ 3.05 Waiting Period

§ 3.06 Direct Payment

§ 3.07 Successive Injuries in Same Employment

§ 3.08 Typical Workers's Compensation Case

§ 3.09 Temporary Total Incapacity Benefits

§ 3.10 Temporary Partial Incapacity Benefits

§ 3.11 Permanent and Total Incapacity Benefits

§ 3.12 Permanent Partial Benefits

§ 3.13 Death Benefits

§ 3.14 Funeral and Transportation Expenses

§ 3.15 Cost-of-Living Supplements

§ 3.16 Medical Benefits

§ 3.17 Peer Review

§ 3.18 Medical Malpractice

§ 3.19 Vocational Rehabilitation Services

§ 3.20 Minors

§ 3.21 Mentally Incapacitated Persons

§ 3.22 Non-Assignability and Exemption from Creditor's
Claims


CHAPTER 4 INJURY BY ACCIDENT—ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT

§ 4.01 Injury by Accident

§ 4.02 Arising Out of and In the Course of Employment


CHAPTER 5 OCCUPATIONAL DISEASE

§ 5.01 In General

§ 5.02 Occupational Disease and Ordinary Diseases of Life

§ 5.03 Occupational Disease Defined

§ 5.04 Ordinary Disease of Life Defined

§ 5.05 Regular Occupational Diseases

§ 5.06 Ordinary Diseases of Life

§ 5.07 Aggravations and Two Causes

§ 5.08 If an Occupational Disease or Ordinary Disease of Life
Is Not Under the Act

§ 5.09 Date of the Accident

§ 5.10 Diagnosis and Communication of an Occupational Disease

§ 5.11 Notice to Employer

§ 5.12 Benefits

§ 5.13 What Employer and Carrier Are Liable

§ 5.14 Injurious Exposure

§ 5.15 Time Limit for Filing Claims for Occupational Disease

§ 5.16 Select Occupational Diseases

§ 5.17 Occupational Disease with Special Statutes

§ 5.18 Waiver of Benefits


CHAPTER 6 MARKETING, REFUSALS, RESPONSIBILITIES, AND RECOUPMENT OF BENEFITS

§ 6.01 In General

§ 6.02 Marketing Remaining Work Capacity

§ 6.03 Refusals

§ 6.04 Discharge for Justified and Unjustified Cause

§ 6.05 Responsibilities of the Injured Worker and Statutory
Dependents


CHAPTER 7 NOTICE REQUIREMENT, STATUTE OF LIMITATIONS, AND FILING A CLAIM

§ 7.01 Overview of the Process

§ 7.02 Notice of the Accident or Occupational Disease

§ 7.03 What Occurs After an Accident or Occupational Disease Is Reported

§ 7.04 Statute of Limitations

§ 7.05 Filing a Claim for Benefits


CHAPTER 8 VOLUNTARY PAYMENT, DEFACTO AWARDS, AGREEMENTS AS TO COMPENSATION,
REVISIONS OF PAYMENTS


§ 8.01 Voluntary Payment

§ 8.02 Recorded or Signed Statements of Employee

§ 8.03 Medical Reports and Hospital Records

§ 8.04 Independent Medical Evaluation

§ 8.05 Autopsy May Be Ordered

§ 8.06 Award Agreement

§ 8.07 De Facto Awards

§ 8.08 Effect of an Award

§ 8.09 Change in Condition

§ 8.10 Return to Work or Change in Wages

§ 8.11 Agreement to Terminate Compensation

§ 8.12 Agreement to Resumption or Amendment of Compensation

CHAPTER 9 THE CONTESTED CASE—PROCEDURES, HEARINGS, AND APPEALS

§ 9.01 The Contested Case

§ 9.02 Administrative Adjudication by the Workers'
Compensation Commission

§ 9.03 Rules and Regulations

§ 9.04 Nature of Proceedings

§ 9.05 Parties

§ 9.06 Electronic Filing of Documents

§ 9.07 Claim for Benefits and Employer Application for Hearing

§ 9.08 The Virginia Workers' Compensation Commission File

§ 9.09 Hearings

§ 9.10 Pre-Hearing Process

§ 9.11 Discovery

§ 9.12 Witnesses

§ 9.13 Review of Pre-Hearing Decisions

§ 9.14 Sanctions

§ 9.15 Withdrawal of Claim, Non-Suits or Failure to Appear at Hearing

§ 9.16 Procedures at Evidentiary Hearings

§ 9.17 Review of Award

§ 9.18 Procedures for Appeals to the Court of Appeals

§ 9.19 Appeals to the Virginia Supreme Court

§ 9.20 Enforcement of Awards


CHAPTER 10 COMPROMISE SETTLEMENTS AND LUMP SUM PAYMENTS

§ 10.01 In General

§ 10.02 Compromise Settlements

§ 10.03 Redemption in a Lump Sum


CHAPTER 11 ATTORNEY'S FEES, MEDICAL CHARGES, INTEREST, AND COSTS

§ 11.01 Attorney and Medical Fees

§ 11.02 Benefits of Having an Attorney

§ 11.03 Attorneys

§ 11.04 Interest

§ 11.05 Charges for Medical, Surgical, and Hospital Services

§ 11.06 Stay of Debt Collection and "Balance Billing"


CHAPTER 12 EXCLUSIVE REMEDY, THIRD-PARTY ACTIONS AND STATUTORY SUBROGATION,
WRONGFUL DISCHARGE


§ 12.01 Exclusive Remedy

§ 12.02 Employee's Exclusive Remedy

§ 12.03 Fellow Servant Immunity

§ 12.04 Statutory Employees

§ 12.05 Other Parties

§ 12.06 Independent Contractors

§ 12.07 Employee of Subcontractor vs. General Contractor and "Supplier" Cases

§ 12.08 Employee of General Contractor vs. Subcontractor

§ 12.09 Third-Party Actions—Subrogation

§ 12.10 Third-Party Actions—Procedure and Distribution of Recovery

§ 12.11 Third-Party Actions—Apportionment of Attorney's fees and Costs

§ 12.12 Third-Party Actions—Medical Malpractice

§ 12.13 Wrongful Discharge

§ Index