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George Townsend Appointed To VTLA’s Board of Governors

February 24, 2017

George Townsend has been appointed to the Virginia Trial Lawyers Association’s (VTLA) Board of Governors.The Virginia Trial Lawyers Association is a voluntary bar association established in Williamsburg in 1959, dedicated to enhancing the knowledge, skills and professionalism of trial lawyers and committed to improving the law and the fairness of Virginia’s system of justice.VTLA hasapproximately […]

Injury By Accident

February 24, 2017

Previously, I have discussed some of the considerations that, as attorneys specializing in representation of claimants in workers’ compensation, we at HammondTownsend look for in determining whether the claimant has sustained a “compensable” injury. Specifically, I discussed the concepts of “in the course of” and “arising out of” the employment. In this post I consider […]

Injury By Accident Part 1

February 24, 2017

Previously, I discussed some of the considerations that, as attorneys specializing in representation of claimants in workers’ compensation, we at HammondTownsend look for in determining whether the claimant has sustained a “compensable” injury. Specifically, I discussed the concepts of “in the course of” and “arising out of” the employment. In this post I consider the […]

Injury By Accident Part 2

February 24, 2017

In earlier posts, I have discussed some of the factors which must be shown to establish whether an event at work qualifies as a “compensable” injury under Virginia’s workers’ compensation scheme. More specifically, I have discussed the necessity of showing that an injury arose occurred in the course of the employment and arose out of […]

Injury By Accident Part 3

February 24, 2017

In my 2 previous posts I discussed the topic of “injury by accident” In this post, I will take a look at a recent case which eases the burden on claimants seeking to prove this key fact. Claimant in Dugger v. Riverside Regional Jail Authority, JCN: VA00001117636 (Jan. 3, 2017), was a correctional officer, employed […]

More On The Course Of Employment

February 24, 2017

Recently, we took a look at claims filed on behalf of injured workers in which the employer defended the claims by asserting that they were not compensable because the injuries did not arise out of or in the course of employment. A recent opinion from the Virginia Workers Compensation Commission (VWCC) offers another twist on […]

Negligence In Workers’ Compensation

February 24, 2017

I would like to discuss the concept of negligence and where that concept fits into the Workers’ Compensation scheme in Virginia. First, we must define “negligence.” In Virginia, the courts use a “reasonable person” standard. “Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under […]

Proving The Loss Of An Eye

February 24, 2017

The workers’ compensation statutes in Virginia (Virginia Code, Title 65.2) includes a schedule of compensation when a worker loses one of the listed body parts as a result of a compensable injury. The, benefit, like most compensation under the statutes, is expressed in terms of a number of weeks. If the injured worker loses the […]

The Debt Trap – The General Assembly Takes Up The Issue

February 24, 2017

If you have followed my posts on the “Debt Trap,” you will recall that when we last looked at the issue of the courts in Virginia using driver’s license suspension as a means of collecting unpaid court costs, fines, and penalties from defendants, regardless of the defendant’s ability to repay those amounts, the issue had […]

Update On Avoiding The Debt Trap

February 24, 2017

There have been more developments concerning Virginia’s procedure of suspending a defendant’s driving license for failure to pay court-ordered fines and costs, which I discussed in my earlier post, “Avoiding the Debt Trap.” I thought these developments merited another look at this issue. In my original post, I discussed the judicial branch of the Commonwealth, […]

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