Proposed Changes to First Responders’ Presumption List in Virginia

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Richmond, VA-based insurance defense lawyer Claire C. Carr has been named to Virginia Super Lawyers on multiple occasions and maintains active membership with multiple professional organizations, including the Virginia Workers’ Compensation American Inn of Court and Counsel for Litigation Management. Since 1999, Claire C. Carr has led Kalbaugh, Pfund & Messersmith, PC’s Workers’ Compensation Department. She is particularly adept in occupational diseases.

The Virginia Workers’ Compensation Act lists seven different cancers as occupational diseases for firefighters and other first responders, but one lawmaker has introduced legislation to expand upon that list and remove restrictions for workers. The legislation, which was prefiled by Sen. John Cosgrove (R-Chesapeake) on November 19 and referred to the Virginia Senate Committee on Commerce and Labor, adds brain, colon, and testicular cancers as occupational diseases.

In addition, the legislation removes the requirement that the worker diagnosed with cancer must have been in contact with a toxic substance in order to be compensated. The current law is that first responders are eligible for workers’ compensation under the presumption legislation, provided such presumption isn’t contradicted by competent evidence. The proposed legislation would affect salaried and volunteer firefighters, Department of State Police and Department of Emergency Management frontline workers, and Department of Motor Vehicle Enforcement Division full-time workers with at least 12 years of experience.

The 2020 NRRDA Annual Conference

Conference
Conference Audience Photo by Headway on Unsplash

An insurance defense lawyer, Claire C. Carr leads the Workers’ Compensation Practice Group at Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. Supplementing nearly 30 years of legal experience, Claire C. Carr maintains active membership with the National Retail and Restaurant Defense Association (NRRDA).

Seven individuals established NRRDA to protect the interests of retail and restaurant businesses. Comprised of attorneys, claims professionals, and industry representatives, NRRDA’s members convene annually at a conference with networking and educational and sessions.

The 2020 NRRDA Annual Conference will take place from February 26 to 28 at the Hyatt Regency Newport Beach in California and include educational sessions focusing on subjects such as employment practices, technology innovations, and workers’ compensation. Specific presentations include “Impact of Marijuana Legalization,” “Allegations of False Arrest,” and “Shark Bait No More: Practical Strategies for Removing the Target from Your Company’s Back.” Scheduled speakers include representatives from Chick-Fil-A, The Cheesecake Factory, REGO Restaurant Group, Dick’s Sporting Goods, and RSSC Law.

In addition to its general and breakout educational sessions, the conference features an outdoor dinner outing at Newport Dunes, a golf outing, and a service project in support of the Second Harvest Food Bank Orange County.