Va. Bill Closes Memory Gap In Workers' Comp Claims

Law360, New York (February 28, 2011, 5:46 PM EST) -- The Virginia General Assembly passed legislation Thursday aimed at closing a loophole in the state's workers' compensation law that blocks employees from receiving insurance benefits if they are physically or mentally unable to remember the accident that caused their injury.

The assembly unanimously passed S.B. 823, adding a presumption that a worker's compensation claim was job-related if the employee cannot testify in front of the Virginia Workers' Compensation Commission, which adjudicates claims, and there are no other witnesses to the accident.

Under the current state workers'...
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