Virginia Worker’s Compensation Law Update

Workers' Compensation; Duty to Furnish Medical Attention. The Workers' Compensation Act was amended to allow employers or insurers to include chiropractors on the panel of physicians furnished to injured employees, but only if the employees' injuries can be treated within the scope of practice for a chiropractor. (HB 2067)

Workers' Compensation; Furnishing Copy of Medical Report. This legislation broadens the Workers' Compensation Act to permit all health care providers attending injured employees to furnish, upon request, copies of any medical reports to injured employees, employers and any of their representatives. This requirement was previously imposed only on physicians. (HB 2131)

Workers' Compensation; Suspension of Award Pending Appeal to the Virginia Supreme Court. This legislation further amends the Workers' Compensation Act by allowing an appeal from the decision of the Court of Appeals to the Supreme Court of Virginia regarding a workers' compensation award to suspend the award, thereby preventing an employer from making any payment of the award until the questions at issue have been fully determined. (HB 2271)

Unemployment Compensation; Disqualification for Benefits; Misconduct. The Unemployment Compensation Act definition of misconduct was broadened to establish that an employee's false or misleading statements of a material nature concerning past criminal convictions made in a job application may be used as a basis to disqualify an employee for unemployment compensation benefits. It should be noted, however, that such statements must be a basis for the termination, and the employer must have terminated the employee promptly upon discovering such false or misleading statements. The Commissioner may consider evidence of mitigating circumstances in determining whether misconduct occurred. (HB 2311)

By Thomas R. Bagby