Midkiff, Muncie & Ross, P.C.

Workers' Compensation Defense

Virginia Court of Appeals confirmed that an employee traveling on the roadway must present evidence of a "causal connection between injury and the condition under which the employer requires the work to be performed" to establish a compensable injury, upholding the denial of workers' compensation benefits for an employee who died in a head-on collision.

Insurance Coverage

United States District Court for the District of Maryland granted summary judgment in favor of an insurer (Penn National) in an alleged lost insurance policy case dating back to the late 1950s and early 1960s, finding the insured (Tate Andale, Inc.) could not provide clear and convincing evidence that the policies were issued or their terms.

Personal Injury Defense

Tennessee Court of Appeals clarified that a traffic citation for a municipal ordinance violation is not a "criminal charge" and therefore does not extend the statute of limitations for a personal injury action from one year to two years.

Workers' Compensation Defense

Virginia Workers’ Compensation Commission reversed a Deputy Commissioner's finding and denied a workers' compensation claim, ruling that the claimant failed to establish injuries occurred as a result of a specific work incident, reinforcing the "temporally precise" standard for injury by accident.

Workers' Compensation Defense

Virginia Court of Appeals affirmed the Workers’ Compensation Commission's ruling that an employer is responsible for the full reimbursement of a claimant's Uber costs for medical transportation, emphasizing that the Act does not require advance notice of transportation needs or costs.

Insurance Coverage

U.S. Court of Appeals for the Fourth Circuit adopted a District Court's holding that COVID-19 fell outside the definition of a "pollution condition" in a pollution coverage policy, denying business interruption loss claims related to pandemic lockdowns.