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A New Workers Compensation Provision Eases the Burden of Proof for Workers

The following statute of interest was enacted at the last session the Virginia General Assembly:

Va. Code 65.2-105. Where an injured worker is physically or mentally unable to testify concerning an injury, and there is unrebutted evidence that the injury was work related, then there will be presumption that the injury was work related. This statute attempts to address situations where an injured employee is unable to recall (e.g., due to coma or amnesia) the facts of an injury that occurred during the course of employment. The new statute was effective on 7/1/2011, and will most likely apply to injuries occurring on or after that date. (HB 1475 and SB 823)

Disclaimer: This firm only offers legal advice to clients, and the facts of a particular situation usually drive the legal advice we give to clients. This message is not intended to be legal advice appropriate for all situations.

For more information, or copies of the statute, please contact Ben Trichilo at (703) 934-1198.