PROTECTING YOUR RIGHT TO BENEFITS IN A WORKERS’ COMPENSATION CLAIM (THE FILING REQUIREMENTS)
If you are injured on the job, you should be aware that you must file a claim with the Virginia Workers’ Compensation Commission within two years of the date of your accident. Do not accept the word of your employer or the worker’s compensation carrier that they have filed the necessary paperwork. That does not mean they have filed the claim. Even though your employer or the workers’ compensation insurance carrier is paying you benefits and paying for your medical treatment, that does not excuse your failure to file a claim within two years. If you are coming close to the end of two years since your workers’ compensation accident, you should file a Claim for Benefits with the Virginia Workers’ Compensation Commission. You should, at the very least, fill out Part A on the Claim for Ben... Read more
Members of the Community Associations Law Team will be speaking at CAI’s Annual Legislative and Legal update in May and June
This year’s Update will be held on the following dates: May 2, May 9, and June 3. The June program is on a Saturday intended for homeowners. Heather Gillespie, the Ombudsman for Community Associations for the State, will be speaking at that session. The half-day programs will include the following topics: Legislative and Case Law Update; The latest in Enforcement Issues and Rule-Making Authority; Board Confidentiality in a World of Transparency; Voting-Evolving Trends in Membership Elections and Authority for Corporate Actions. Mike Inman, a member of the Virginia Legislative Action Committee of CAI, will be speaking about new laws passed by this year’s General Assembly and new court decisions. You may register with the Southeastern Chapter of CAI by calling the Chapter office at 757-... Read more
Steven P. Letourneau, partner at Inman & Strickler, P. L. C., was recently named to the Board of Management for the Armed Services YMCA
Steven P. Letourneau, partner at Inman & Strickler, P. L. C., was recently named to the Board of Management for the Armed Services YMCA. Mr. Letourneau, a native of Virginia Beach, has been assisting people, families, and businesses with a variety of their legal needs in the greater Hampton Roads area for more than 27 years and grew up in a Navy family. The ASYMCA is dedicated to making military life easier for the families of enlisted military members in Hampton Roads. The ASYMCA provides support to the military families by providing child development programs, community centers and fleet readiness programs. It also boosts morale by sponsoring annual special events such as Operation Holiday Joy, Father-Daughter Ball, Hearts for Heroes Fishing Trip, and the ASYMCA Mud Run. Mr. Letourneau h... Read more
Michael A. Inman appointed by City Council to Virginia Beach Planning Commission
Michael A. Inman has been appointed by City Council to the Virginia Beach Planning Commission for a four year term beginning in January 2014. Mr. Inman has practiced in Hampton Roads since 1973 and has been active in numerous community organizations. His practice has a historical heavy emphasis on a broad range of real estate matters including acting as counsel to developers of condominiums and homeowner associations and the formation of a practice group that represents over 200 community associations in the region and beyond. Read more
Community Association Law Team receives approval to provide state-required manager training
The Community Associations Law Team of the law firm of Inman & Strickler, P.L.C. is pleased to announce that they have been approved by the Virginia Common Interest Community Board to provide recertification training on fair housing laws and laws and regulations pertaining to community associations. Attorneys Michael Inman, Jeanne Lauer and Greg Montero will be providing this training initially on February 13, 2014. This training is available to persons who have been certified as managers and any other persons having an interest in learning about the subject matter that will be presented. Each course is two hours in length. Should you desire to have more information about these courses, please contact Terri Richardson at firstname.lastname@example.org or call her at 757-486-7055. Read more
Injured on the job? The initial steps you should take.
The following actions are recommended no matter how minor your injury might seem to you at the time: First, report the accident by notifying your employer. A verbal notification to your supervisor is usually sufficient, but it is recommended that you confirm the notification in writing. If you do not report the accident within 30 days, then the general rule is that you will be barred from benefits under the Virginia Workers’ Compensation Act. Second, be sure to follow up to confirm that an accident report has been completed, if that is your employer’s usual procedure. At the very least, a brief statement of how the accident occurred should be completed and dated by your supervisor. Third, document any conversations that you have with your supervisor, your company’s safety director, or fell... Read more
Blue Lights in the Rearview
With the recent publicized arrest of the Norfolk Commonwealth's Attorney for DUI and the various commentaries that occurred in the newspaper about the arrest, attention is again directed to this potentially life altering charge. In today's world of enhanced and aggressive DUI enforcement by authorities in all cities, as well as the State Police, and the coming holidays when routine road blocks are erected, having a few glasses of wine and a cocktail out to dinner can end in a nightmare before the evening is through. More and more, I am assisting clients that do not have a drinking problem, are not alcoholics, but who because of holiday exuberance or a particular celebration, or just inattention and a lack of judgment on one night, see their life upended by an unexpected and unanticipated D... Read more
FHA project certifications - Is there a duty to pursue?
Over the past few years we have worked on obtaining FHA project certifications for many condominiums in the area. Many have received certification which allows its unit owners to refinance and buyers to finance their purchases via FHA loans. Some did not receive certification due to not meeting all of FHA’s criteria. In the current lending environment FHA loans are a major source of funding of new loans largely because of the low down payment permitted compared to other loan programs. In our area FHA loans top out at $417,500.00 so many purchasers can utilize this source of funding. There is a cost to obtain the certification in that the condominium documents must be reviewed to determine if they comply with a host of requirements imposed by the federal regulations promulgated by the FHA. ... Read more
Gumballs, Wisteria And Bamboo....Oh My, Gumballs, Wisteria And Bamboo....Oh my
I loved Wisteria with its fragrant chandeliers of purple dangling from my back fence where is had taken up residence from my neighbor’s yard. It was still lovely when it crept over the shed, lending a cottage-like appearance to the unfinished wood. Then it ate my pear tree and I had to start keeping my children and dogs inside. The gumball droppings and bamboo have never been palatable. I didn’t planrt them and I don’t want them. But what to do about this horticultural Welcome Wagon? Virginia’s law regarding trees was a subjective mess until 2007, but is now fairly straightforward: Accordingly, we hold that encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either abo... Read more
Intellectual Property: What is the difference between trademark, patent, and copyright?
While business owners and others are often concerned about the protection of their intellectual property, they are frequently unclear on the distinctions between trademark, patent, and copyright law. The term "trademark" is used as a general term to refer to any of the various types of intellectual property that protect names, logos, and slogans used in conjunction with the sale or offering of goods and services which are transported or distributed via interstate commerce regulated by U.S. law. The two primary types of trademarks that can be registered with the U.S. Patent and Trademark Office are Trademarks and Service Marks. Trademarks are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced. Service marks are used by the... Read more