News

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Miller v. DBHDS / VA Center for Behavioral Rehabilitation Virginia Workers’ Compensation Commission VA00000134818 Decided January 18, 2022 A treating physician offering “to do a PPD rating at the request of the work comp carrier,” by itself, is insufficient to establish disability within 36 months. Background Claimant sustained a… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Landfall Trust LLC v. Fidelity Nat’l Title Ins. Co. United States District Court for the Eastern District of Virginia No. 3:22cv194 (RCY) Decided: December 21, 2022 Source of duty rule and economic loss doctrine bar negligence action; sole right to recovery was breach of contract. Background Real estate developers… read more

Mike Bliley, who leads TT&H’s Virginia Workers’ Compensation practice from the firm’s Fairfax office, prevailed on a claim of lifetime medical benefits for an alleged neck injury, including a cervical fusion surgery. Claimant fell on her side, injuring her shoulder. She later claimed that she also injured her neck in the same fall, and underwent… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Arch Ins. Co. v. FVCbank Virginia Supreme Court No. 211050 Decided: December 29, 2022 When a company obtains a right through subrogation, it is placed in the position of its subrogor and can have no greater rights than those of the subrogor. Background Dominion Mechanical Contractors is a subcontracting… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Reader v. Prince William County Virginia Workers’ Compensation Commission VA00001896452 Decided December, 2022 A firefighter was not entitled to the COVID-19 presumption under 65.2-402 because he did not have a positive test, even when he received a COVID-19 diagnosis Background Claimant was a lieutenant at a fire station. He… read more