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Virginia Workers' Compensation Case Finder - Fourth Edition (Includes 2014 Supplement)

 
Price:
$150.00
ISBN: 978-1-57823-360-1
Author: Peter M. Sweeny
Page Count: 1,328
Published: January 2012
Last Updated: August 2014
Media Desc: 1 Hardcover Volume. Table of Cases. Index.
Qty:
 
 
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Description

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The most convenient source for case law, Virginia Workers' Compensation Case Finder is the first and only source to integrate the workers’ compensation opinions of the Virginia Supreme Court, Court of Appeals, and Workers’ Compensation Commission. For ready reference, it carefully summarizes and arranges the decisions under 102 topic headings, covering the most litigious issues in workers’ compensation. The Case Finder is used as a reference tool by the Virginia Workers' Compensation Commission and by workers compensation attorneys and insurance companies throughout the state.

 

Table of Contents

CHAPTER 1
GENERAL PRINCIPLES

§ 1.01 Purpose of the Workers' Compensation Act
§ 1.02 Coverages and Exclusions
§ 1.03 Employees Defined
§ 1.04 Independent Contractors
§ 1.05 "Loaned" or Special Employees
§ 1.06 Sole Proprietors and Partners
§ 1.07 Statutory Employers
§ 1.08 Volunteers as Employees
§ 1.09 Number of Employees

CHAPTER 2
INJURY BY ACCIDENT

§ 2.01 Actual Risk Test
§ 2.02 Arising Out of the Employment
§ 2.03 Assaults
§ 2.04 Burden of Proof
§ 2.05 "Extension of the Premises" Doctrine
§ 2.06 "Going and Coming" Rule
§ 2.07 Heart Attack
§ 2.08 Horseplay
§ 2.09 Idiopathic and Unexplained Falls
§ 2.10 Injury by Accident
§ 2.11 In the Course of Employment
§ 2.12 Lunch Breaks
§ 2.13 "Personal Comfort" Doctrine
§ 2.14 Presumption in Death Claims
§ 2.15 Psychological Injury
§ 2.16 Sexual Assault

CHAPTER 3
OCCUPATIONAL DISEASE

§ 3.01 Occupational Diseases Generally
§ 3.02 Byssinosis (Brown Lung)
§ 3.03 Heart/Lung Law, § 65.2-402 [formerly § 65.1-47.1]
§ 3.04 Hearing Loss
§ 3.05 Ordinary Disease of Life
§ 3.06 Pneumoconiosis (Black Lung)
§ 3.07 Stress

CHAPTER 4
CHANGE OF CONDITION

§ 4.01 Change of Condition Generally
§ 4.02 Doctrine of Compensable Consequences
§ 4.03 Statutes of Limitation for Change in Condition
§ 4.04 Res Judicata

CHAPTER 5
REHABILITATION AND RETURN TO WORK

§ 5.01 Rehabilitation
§ 5.02 Return to Regular Work
§ 5.03 Selective Employment (Light Duty)

CHAPTER 6
PAYMENT OF BENEFITS

§ 6.01 Average Weekly Wage
§ 6.02 Cost-of-Living Supplements
§ 6.03 Death Benefits
§ 6.04 Dependency
§ 6.05 Award Agreement (Memorandum of Agreement)
§ 6.06 Overpayments
§ 6.07 Penalties
§ 6.08 Permanent Total Disability
§ 6.09 Permanent Partial Disability

[1] Generally
[2] Silicosis
[3] Disfigurement
[4] Vision

§ 6.10 Settlements
§ 6.11 Temporary Partial Disability
§ 6.12 Temporary Total Disability
§ 6.13 Uninsured Employers

CHAPTER 7
MEDICAL ISSUES

§ 7.01 Causal Connection
§ 7.02 Independent Medical Examinations
§ 7.03 Medical Attention
§ 7.04 Medical Causation
§ 7.05 Medical Management
§ 7.06 Panel of Physicians
§ 7.07 Preexisting Conditions
§ 7.08 Treating or Attending Physician
§ 7.09 Two Causes Rule
§ 7.10 Weight Reduction

CHAPTER 8
CIVIL ACTIONS

§ 8.01 The Master-Servant Relationship
§ 8.02 Settlement of "Third Party" Cases
§ 8.03 Subcontractors
§ 8.04 Subrogation
§ 8.05 Suits Against the Employer
§ 8.06 "Third Party" Actions
§ 8.07 Wrongful Discharge

CHAPTER 9
SPECIFIC DEFENSES

§ 9.01 Failure to Cooperate With Rehabilitation
§ 9.02 Failure to Market Residual Capacity
§ 9.03 Incarceration
§ 9.04 Intoxication
§ 9.05 Jurisdiction
§ 9.06 Failure to Give Notice
§ 9.07 Misrepresentation and Fraud
§ 9.08 Refusal of Selective Employment (Light Duty)
§ 9.09 Refusal of Medical Treatment
§ 9.10 Removal From the Labor Market
§ 9.11 Statutes of Limitation

[1] Accidents Generally
[2] Occupational Diseases Generally
[3] Byssinosis (Brown Lung)
[4] Pneumoconiosis (Black Lung)

§ 9.12 Unauthorized Medical Treatment
§ 9.13 Willful Misconduct and Disregard of Safety Rules
§ 9.14 Failure to Report Change in Earnings, Incarceration, Etc.
§ 9.15 Imposition
§ 9.16 Termination for Cause

CHAPTER 10
COVERAGE

§ 10.01 Cancellation of Coverage
§ 10.02 Coverage Disputes
§ 10.03 Number of Employees

CHAPTER 11
PROCEDURAL ISSUES

§ 11.01 Abatement
§ 11.02 Application for Hearing
§ 11.03 Attorney's Fees
§ 11.04 Awards
§ 11.05 De Facto Awards
§ 11.06 Employer's Application for Hearing
§ 11.07 Filing a Claim
§ 11.08 Hearsay
§ 11.09 Agreements
§ 11.10 Rules of the Virginia Workers' Compensation Commission

[1] Rule 1.1
[2] Rule 1.2
[3] Rule 1.4
[4] Rule 1.5
[5] Rule 1.6
[6] Rule 1.7
[7] Rule 1.8
[8] Rule 1.9
[9] Rule 1.10
[10] Rule 1.12
[11] Rule 2
[12] Rule 2.2
[13] Rule 3
[14] Rule 3.1
[15] Rule 3.2
[16] Rule 3.3
[17] Rule 4
[18] Rule 4.2
[19] Rule 6
[20] Rule 7.2
[21] Rule 9
[22] Rule 9.2

§ 11.11 Penalties and Costs
§ 11.12 Review by the Full Commission
§ 11.13 Stipulations

CHAPTER 12
STANDARD OF REVIEW

§ 12.01 Conflicting Medical Opinions
§ 12.02 Credibility
§ 12.03 Findings of Fact
§ 12.04 Inferences
§ 12.05 Mixed Questions of Law and Fact
§ 12.06 Retroactivity of Judicial Decrees
§ 12.07 Retroactivity of Statutes
§ 12.08 Review of the Evidence
§ 12.09 Statutory Interpretation

Tables of Cases

Index

 

Author Detail

Peter M. Sweeny is a member of the Virginia State Bar and District of Columbia Bar. Mr. Sweeny is a past Chairman of the Virginia Trial Lawyers Workers’ Compensation Section. Mr. Sweeny has been practicing workers' compensation in Virginia for over 27 years and has frequently lectured attorneys and others on workers' compensation issues. He is a Diplomate of the Court Practice Institute. Mr. Sweeny has published articles on Virginia workers' compensation and teaches Continuing Legal Education seminars in his field. He is also a member of the LexisNexis National Workers' Compensation Advisory Board and was selected as a Workers' Compensation Notable Person in 2009.


Mr. Sweeny began his legal career working on the legal staff of the Chairman of the Occupational Safety & Health Review Commission. After leaving government service Mr. Sweeny joined the Washington, D.C. law firm of Ashcraft & Gerel where he became a partner in 1985. In 1986 Mr. Sweeny co-founded Thacher, Swiger, Sweeny & Day in Fairfax, Virginia. In 1989 Mr. Sweeny opened his own firm and currently practices as a solo practitioner in Leesburg, Virginia with a statewide workers' compensation practice.

 

Value Package
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Total Price: $300.00
Price for the Bundle: $225.00
This Item: Virginia Workers' Compensation Case Finder - Fourth Edition (Includes 2014 Supplement)
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