Changes to the Open Award in Virginia Workers’ Compensation Cases

Posted on Sunday, June 7th, 2015 at 8:53 am    

In Virginia, the entry of the Open Award isn’t 100% foolproof. The employer has an additional 30 days AFTER the entry of the Award to withdraw the Award Agreement. This is also referred to as the Award becoming FINAL. Until those 30 days pass, the Award is not yet final. This means if it is withdrawn during that first 30 days after it is entered, the Award will be vacated and it will be as if the Award was never entered. (more…)

Who Is the Authorized Treating Physician in a Virginia Workers’ Comp Case?

Posted on Tuesday, June 2nd, 2015 at 12:00 pm    

The Authorized Treating Physician. The authorized treating physician in a Virginia workers’ compensation claim merely refers to the doctor who the workers’ compensation carrier has agreed to allow to coordinate and direct your treatment. It is also the physician through whom they agree to pay for all recommended medical treatment. This medical provider is usually chosen and one of two ways: (more…)

Ways Your Employer Will try to Change the Open Award

Posted on Friday, May 22nd, 2015 at 12:00 pm    

Employers will try to change even an Open Award in a workers’ compensation claim. They will normally do this through an Application to Terminate Benefits (or a Termination of Benefits Agreement) because you are able to return to work. The basis for filing this application will be a report from a doctor that you are able to do your job. (more…)

Why an Award Agreement is not Enough to Get Your Comp Benefits Paid In Virginia

Posted on Friday, May 15th, 2015 at 12:00 pm    

In other articles we’ve spoken about an Award Agreement. That is a document which you may sign whereby you and the workers compensation insurance company agree that you are to be paid certain benefits under the Virginia Workers Compensation Act.

But just because you signed and returned and award agreement to the adjuster doesn’t mean you get paid. The employer still needs to sign it AND forward to the Commission AND then the Virginia Workers’ Compensation Commission has to convert that agreement into a formal AWARD ORDER. Then 30 days must pass before the Award Order is considered FINAL. Until that happens, almost any change in circumstance will result in the comp carrier reneging on their agreement to pay you, which means you have nothing. (more…)

What is an Award Agreement in Virginia Workers’ Compensation Claims?

Posted on Monday, May 4th, 2015 at 5:21 pm    

Have you filed a claim for workers’ compensation benefits? If so, your employer has 20 days to respond to your claim, which can include denying your claim, even if you already started getting benefits. Another option is to accept your claim and send you an award agreement. This video explains why an award agreement is important in your claim and what can happen even if you have an agreement.