Index

• Library: Workers' Compensation Practice in Virginia (Virginia CLE) (2020 Ed.)

INDEX References are to pages

9/11 RESCUE AND RELIEF EFFORTS	158
"ACCIDENT" DEFINED	103
ACCIDENT REPORT
Generally	411
Confidentiality of	16
Tolling provision	158
ACTUAL RISK TEST	68, 319, 590
AFTER-DISCOVERED EVIDENCE	451, 534
AGREEMENT TO PAY BENEFITS. See AWARD AGREEMENT AIDS
Generally	202
Presumptions	177
Statute of limitations	157, 497
ALIEN EMPLOYEES	53
ALLERGIC REACTIONS	202, 235
AMERICANS WITH DISABILITIES ACT	138
AMERICORPS MEMBERS	265, 270, 283, 286
ANALYSIS OF CLAIM	49
ANNUITIES
Language in settlement	456
Lump sum settlement	364
APPEAL BOND	538
APPEAL TO COURT OF APPEALS	536
APPEAL TO VIRGINIA SUPREME COURT	539
APPLICATION FOR BENEFITS. See CLAIM FOR BENEFITS
APPLICATION FOR HEARING	420, 514
"ARISING OUT OF" EMPLOYMENT
Generally	68
Assault	84, 590
Coworkers, injury by	80
Natural environment causes	88
Presumption where employee unfit to testify	82
Recreational injury	88
Second injury	110
Unexplained death or incapacity during employment	82
ASBESTOSIS
Calculating compensation rate	202
Presumptions	160
Scheduled loss	278
Statute of limitations	157-158, 497
When benefits end	201
ASSAULT
Generally	84, 590
Actual risk test	68
By fellow employee	590

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Positional risk doctrine	68
Sexual assault	84, 588, 596
ASSUMPTION OF RISK	1, 557-558
ASTHMA
Generally	203
Aggravation of ordinary disease of life	198
ATTORNEY FEES
Generally	344, 462
Approval by Commission	344, 613
Compromise settlement	455, 459
Deduction from award prohibited	368
Recovery from insurance carrier or health care provider	317
Third-party recovery	608
Voluntary settlement	365
ATTORNEY GENERAL
Criminal Injuries Compensation Fund	4
Second Injury Fund	4
Uninsured Employer's Fund	4
AVERAGE WEEKLY WAGE
Agreement of parties	253
Agreement to pay benefits	252
Calculation	150, 249, 252
Change in condition	158
Concurrent employment	257
Discovery	436
Included wages	54
Multiple employers	257
Of Commonwealth	251, 264, 268, 274, 287
Value of perquisites	256
AWARD AGREEMENT
Generally	355, 414
Agreement to terminate benefits	415
Change in condition	420, 502
BACK CONDITIONS
Aggravation of	128
As ordinary disease of life	103, 140
BENEFIT PERIOD	250
BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION FUND
Generally	9
Administration by Commission	3
Board of directors	4
Source of funding	7
BLACK LUNG DISEASE. See PNEUMOCONIOSIS
BLOOD ALCOHOL REPORTS	136, 441
BORROWED SERVANT DOCTRINE	574
BRIEFS	534, 539
BRONCHITIS	203

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BURDEN OF PROOF
Accidental injuries	128
Assault	68, 84
Causal connection between injury and employment	108
"Two causes" rule	109
Change of condition	181, 272
Covered employment	58
Death benefits	284
Dependency	288
Excuse for failure to give notice	486
Existence of employment relationship	58
Existence of marriage	288-289
Fraud and misrepresentation in application	138
Heart and respiratory cases	165, 169
Heart, respiratory, and cancer cases	164
Identifiable movement, incident, or event	103
Incapacity of child	290
Injury proximately caused by risk of employment	68
Jurisdiction	58
Mental incompetency	501
Occupational disease	140
Pre-existing condition	128
Total incapacity	260
"Two causes" rule	109
Unjustifiable refusal of employment	326
BUREAU OF INSURANCE	4
BURIAL EXPENSES	2, 248, 293
BYSSINOSIS
Compensable category	180
Scheduled loss	278
Statute of limitations	157, 497
CALCULATION OF COMPENSATION RATE	202
CANCER	164, 171
CARBON DISULFIDE EXPOSURE	236
CARPAL TUNNEL SYNDROME
Generally	115
As occupational disease	207
As ordinary disease of life
Generally	187-188
Historical development of coverage	147
CASUAL EMPLOYEES	51
CHAIRMAN OF COMMISSION	4
CHANGE IN CONDITION
Application for hearing	420, 502
Burden of proof	272
Causal connection with original injury	108
Cumulative trauma	145
Mediation conference in lieu of hearing	518

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Reopening claim	360
Statute of limitations	158, 502
CHECKLISTS
Occupational disease claims	148
Third-party claims	555
CHEMICAL EXPOSURE
Generally	219
Communication of diagnosis	150
Dermatitis	221
Pneumonitis	145, 238
Presumptions	172
Statute of limitations	498
CHILD SUPPORT	248, 455, 459, 543
CHIROPRACTIC
Hearsay exception	440, 525
Medical benefit	299, 301, 316
CLAIM, CONTESTED
Appeal to the Court of Appeals	536
Generally	536
Appeal bond	538
Argument	539
Briefs	539
Filing	537
Notice of appeal
Contents	536
Effect of filing	536
Time period	537
Record on appeal	538
Rehearing	539
Appeal to the Virginia Supreme Court	539
Compromise settlements	540
Approval	540
Procedure for approval	540
Approval or rejection	543
Considerations	541
Content	541
Form	540
Subject to spousal and child support	543
Withdrawal of consent	543
Subject to Commission's approval	540
Filing	490
Generally	490, 492
Employee change-in-condition claims
Generally	502
De facto award	513

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Extension of statute of limitations	509
Doctrine of imposition	511
Equitable estoppel	509
Special statute of limitations	506
Advancing stages of an occupational disease	507
Disability after permanent disability payments	507
Medical benefits	508
Permanent partial disability	506
Repair or replacement of prosthesis or orthosis	506
Statute of limitations	502
Tolling provision for change in condition	504
Employer applications for hearing	514
Generally	514
Penalties	514
Requirements for consideration of
Generally	515
Payment	516
Equitable estoppel, extension of statute of limitations by	509
Forms of filing	491
Commission forms	491
Electronic transmission	491
Letters and other methods of filing	491
Original claims	494
Content	494
Infants and incapacitated persons	501
Statutes of limitations	495
Generally	495
Accident claims	495
Death claims	496
Generally	496
AIDS	497
Asbestosis	497
Byssinosis	497
Coal worker's pneumoconiosis	496-497
Occupational disease generally	496
Ordinary diseases of life	498
Other occupational diseases	497
Pentagon attack	497
Special occupational diseases	498
Equitable estoppel	509
Extension	509
Imposition, doctrine of	511
Tolling	498, 504
Injuries before July 1, 2019	499
Injuries on or after July 1, 2019	498

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Post-filing procedures	517
Acceptance or rejection of claim or application	517
Alternative dispute resolution (ADR) and mediation	518
Review of decision to accept or reject claim or application	518
Hearings	519
Evidentiary hearing	521
Accident site visit	531
Admission of evidence	528
Argument	531
Attorney fees and costs	531
Burden of production	524
Continuances	523
Decision	531
Expedited hearings	522
Extra time	523
Failure to appear	532
Hearsay permitted	524
Interpreters	522
Location of hearings	522
Medical reports, designation of	529
Nonsuits	532
Objections and proffers	531
Reconsideration, request for	532
Record left open	531
Res judicata	533
Right to present evidence	523
Video evidence	528
Withdrawal of claim	532
Witness testimony	524
Procedures	519
Generally	519
Decision on the record
Generally	520
Review	521
Written statements	521
Notice of accident or disease	481
Notice to employer	481
Generally	481
Burden of proof	486
Contents	483
Defects in	484
How given and to whom	484
Purpose	482
Reasonable excuse for failure to give	486
Showing of prejudice required	487

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Timeliness of notice
Failure to give timely notice	488
Generally	488
Accidents	489
Occupational diseases	489
Reasonable excuse	486
Time limitations for providing	485
Accidents	485
Minors and incapacitated persons	486
Occupational diseases	486
Payment of awards
Generally	544
Credit for payment to state other than Virginia	587
Delay by review request	547
Interest	547
Lump sum	545
Penalty...