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VIRGINIA LEGISLATIVE UPDATE Amendment to Statute Addressing Claims by Healthcare Providers for Payment of Medical Bills Eliminates Date Exception to Application of One-Year Limitations Provision Va. Code Ann. § 65.2-605.1 (enacted March 28, 2024, Effective July 1, 2024) Prompt payment; limitation on claims. Payment for health care services that the employer does not contest, deny,… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Logan-Mingo Area Mental Health, Inc. v. David M. Lester Supreme Court of Appeals of West Virginia No. 22-0275 Decided: June 10, 2024 Background The Claimant sustained a prior 1999 lumbar spine and thoracic spine injury. He received a permanent partial disability (PPD) award based on 20% whole person… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Pennsylvania Liquor Control Board v. Amato Berardi (WCAB) Commonwealth Court of Pennsylvania No. 147 C.D. 2023 Decided February 8, 2024 The Court found a trip and fall in a public parking lot during a lunch break to be within the course and scope of employment for purposes of the… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Davis v. Wal-Mart Assocs. 80 Va. App. 526, No. 0503-23-3 Court of Appeals of Virginia Decided April 2, 2024 Claimant did not sustain an injury by accident when he could not prove a structural or mechanical change in his body where the treating doctor reviewed pre and post-accident MRI… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary David Duff, II v. Kanawha County Commission Supreme Court of Appeals of West Virginia No. 23-43 Decided: April 22, 2024 Supreme Court addresses employers’ burden in proving “definitely ascertainable impairment” in impairment rating cases. Background This case involved a low back injury, with the Claimant undergoing fusion surgery…. read more