The Virginia Workers’ Compensation Act §65.2-603 states: “[A]s long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer and such other necessary medical attention.” Previously, we discussed how the Virginia Workers’ Compensation Act requires employers to provide care and coverage for injuries that arise out of and in the…
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Join Stephen Setliff, partner and owner, Setliff Law, and the Virginia Trucking Association for a timely webinar on federal enforcement affecting non-domiciled CDL holders. Learn what employers need to know about hiring, compliance, and defending claims. Thursday, December 18, 11 a.m. Eastern Time Register here
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Setliff Law is pleased to announce that the Supreme Court of Virginia has denied a request to review a decision by the Virginia Court of Appeals that affirmed the dismissal of a $3.5 million wrongful death claim against its client. The case, Satterwhite, Administrator of the Estate of Jerry Dean Robbins v. Wilbourne Land and Timber, Inc., and Javier Salas-Zarate Francisco, arose from a workplace accident at a logging site in Mecklenburg County, Virginia. The case was dismissed after Circuit…
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Whether freight brokers can be held liable for crashes caused by the motor carriers they hire remains one of the most unsettled issues in transportation law. The debate centers on the Federal Aviation Administration Authorization Act (FAAAA), enacted in 1994 to prevent states from enforcing laws that interfere with the prices, routes, or services of carriers and brokers in interstate commerce (49 U.S.C. § 14501). But the statute includes a short, much-litigated carve-out: it does not preempt a state’s “safety…
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When are similar insurance claims considered "related" under a claims-made policy? The Eastern District of Virginia recently offered guidance in Navigators Specialty Ins. Co. v. Avertest, LLC, No. 1:24-cv-932 (LMB/WBP), 2025 WL 273201 (E.D. Va. July 18, 2025). Under a claims-made policy, a later claim that “relates back” to an earlier claim may be treated as a single claim first made during the prior policy period. Because this can determine which insurer—if any—owes coverage, whether two claims are “related” is…
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A new piece of legislation, Senate Bill 2690 – the Safer Truckers Act of 2025, has been introduced in the U.S. Senate as part of a broader transportation reform agenda. The bill builds on prior efforts during the Trump administration, including the 2016 directive that strengthened enforcement of the English language proficiency requirement for commercial driver’s license (CDL) holders. Key Provisions of the Bill The Safer Truckers Act, co-sponsored by Senators Cindy Hyde-Smith (MS), James Lankford (OK), and Rick Scott…
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If your company’s vehicles operate in interstate commerce, you may be paying more personal property tax than required in Virginia. Vehicles used directly in business operations can sometimes qualify for assessment under the Machinery & Tools (M&T) rate—a significantly lower rate than standard vehicle taxes. However, many localities continue to treat interstate-use vehicles as ordinary personal property, leading to overvaluations and inflated tax bills. While Virginia law distinguishes between vehicle and M&T classifications, it also allows certain exclusions and apportionments…
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The trucking industry relies heavily on a diverse workforce, including non-domiciled Commercial Driver’s License (CDL) holders—individuals whose primary residence is outside the 50 U.S. states but who are lawfully present in the United States under employment authorization. Under the Federal Motor Carrier Safety Administration (FMCSA), these drivers are recognized through regulatory frameworks designed to ensure public safety while accommodating labor needs. However, recent federal enforcement actions have revealed vulnerabilities in the CDL issuance process, prompting emergency reforms. For employers, hiring…
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Setliff Law is pleased to share that Steve Setliff has been appointed General Counsel to the Maryland Forests Association (MFA). The MFA is dedicated to promoting responsible forestry practices and supporting the businesses, landowners, and professionals that make up Maryland’s forest products industry. In this role, Mr. Setliff will advise the Association and its Board on legal matters, review proposed legislation impacting members, contribute legal updates for publication, and offer presentations on topics ranging from employment law and commercial transactions…
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New tort reforms could help level the playing field for carriers facing runaway jury awards. Personal injury litigation in the trucking industry has become increasingly volatile. “Nuclear verdicts” — jury awards over $10 million — are hitting carriers at alarming rates, often assigning full fault to the party with the deepest pockets rather than the one truly responsible. In 2024 alone, there were 135 verdicts exceeding $10 million, a 116% jump from 2023, despite the industry’s continued improvements in safety.…
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