Lead Counsel – Brandon R. Shapiro, Esquire
Carroll and Nuttall
10521 Judicial Drive, Suite 110, Fairfax, VA 22030
Email: [email protected]
Brandon R. Shapiro is an experienced trial lawyer having tried 83 jury trials, and hundreds of bench trials. Mr. Shapiro was named one of Northern Virginia’s Top Trial Lawyers by Northern Virginia Magazine. Mr. Shapiro’s career began at the law firm of Whitestone, Brent, Young & Merril, P.C., and as an associate, his practice focused on representing clients charged with misdemeanors, felonies, and representing clients in civil litigation. In 2006, Mr. Shapiro joined the Fairfax County Commonwealth’s Attorney’s Office as an Assistant Commonwealth’s Attorney, and for over 12 years, he prosecuted crimes ranging from traffic infractions to murder.
Mr. Shapiro’s felony trial experience includes murders, robberies, abductions, malicious wounding, larcenies, and drug distribution, and his misdemeanor trial experience includes hundreds of trials for assault and battery, reckless driving, driving while intoxicated, possession of marijuana, and other misdemeanor crimes. In addition to his regular prosecutorial duties, Mr. Shapiro was in charge of asset forfeitures and seizures for drug-related offenses, and expungements for the Commonwealth’s Attorney’s Office.
Mr. Shapiro’s experience has provided him gainful insight into the workings of the justice system allowing him to build a successful practice. His trial experience has provided him the necessary skills to provide effective representation of his clients, allowing them to have the most comprehensive strategy for addressing their case.
Mr. Shapiro is a Northern Virginia native and currently enjoys playing soccer and coaching his twin boys’ soccer team.
Areas of Practice
- Criminal and Traffic Law
- Personal Injury
- Drug-related asset forfeitures and seizures
- Virginia, 2005
- 2012 – Top Trial Lawyers in Northern Virginia by Northern Virginia Magazine
- Widener University School of Law, J.D., 2005 (Cum Laude)
- Barton College, B.A., 2000
- Alpha Sigma Phi
Co-Counsel – Edward J. Nuttall, Esquire
Carroll and Nuttall
10521 Judicial Drive, Suite 110, Fairfax, VA 22030
Email: [email protected]
Ed Nuttall has had the honor and privilege of representing law enforcement throughout Virginia since 2002. Mr. Nuttall has provided F.O.P. members with comprehensive legal representation for employment related matters, including work related: internal affairs investigations; station level investigations; grievance procedures under the Fairfax County personnel regulations; appeals of violations to the civil service commission; and appeals of violations to a police trial board. Importantly, the Firm is available to F.O.P. members around the clock for assistance with critical incidents.
Ed Nuttall is a former Fairfax County prosecutor, and enjoys a cordial, cooperative relationship with members of the Fairfax Police and Fairfax Sheriff’s Office Command Staff and of the County Attorney. This relationship ensures F.O.P. members a quality, high level of representation for all employment related matters. For example, Mr. Nuttall has worked with employee groups, the Command Staff, and the County Attorney to improve access to and use of compensatory time, ensure the proper application of shift differential, and obtain proper credit for hours worked, and to implement a comprehensive officer involved shooting policy.
Mr. Nuttall is dedicated to assisting F.O.P.’s members and their families as well. The Firm represents F.O.P. members and their families in civil and criminal matters in the Northern Virginia area, and the Firm provides free consultations, along with reduced rates for F.O.P. members.
Edward J Nuttall graduated from the Catholic University of America Columbus School of Law and gained admission to the Virginia state bar in 1996. During his first year in practice Mr. Nuttall worked with the Lipsen Firm in Washington, D.C., where he gained experience in lobbying and legislation while working on behalf of the defense industry on Capitol Hill. In 1999 Mr. Nuttall joined the Fairfax Commonwealth’s Attorney’s office, where he served as an assistant. In 2002 Mr. Nuttall joined Briglia & Hundley, P.C., and became a member of the firm in 2003. In 2015 Mr. Nuttall became a partner in the firm Carroll & Nuttall, P.C.
An experienced trial attorney, Mr. Nuttall has tried cases throughout the Commonwealth of Virginia, focusing primarily in Northern Virginia. Mr. Nuttall’s experience as a prosecutor has allowed him to build a successful criminal practice, with cases ranging from misdemeanor and traffic matters such as driving while intoxicated, hit and run, and assault and battery to serious felonies such as juvenile and adult sex crimes, larcenies, drug distributions, and malicious wounding.
Mr. Nuttall is also an experienced civil litigator, focusing on personal injury, family law matters, and police officers’ rights.
Mr. Nuttall is a recognized authority on law enforcement issues in Virginia, having represented police officers in over twenty police shootings during the past several years.
Protect Your Rights
BURGESS & PERIGARD, PLLC
10680 MAIN STREET, SUITE 140, FAIRFAX, VA 22030
TELEPHONE: 703-273-2088, EMAIL: [email protected]
JACK T. BURGESS, ESQ. & GREGORY P. PERIGARD, ESQ.
PROTECT YOUR RIGHTS – WORKERS’ COMPENSATION & CRUISER WRECKS
Law enforcement officers are at an enhanced risk of injury. Responding to emergency calls, apprehending criminals, cruiser and foot pursuits, traffic stops, running radar, working wrecks, etc., all subject officers to risk. This memo is to ensure officers do not get hurt twice. Do not risk the loss of your rights due to lack of knowledge.
- Immediately report any on the job injury to your supervisor.
- Do not give a recorded or written statement to anyone else (including Corvel) before talking with your attorney. A statement is not required before you consult with counsel. A truthful statement can take many forms and it is critical that you know what facts are important before giving a statement (if one is to be given).
- Many believe that if the employer or insurer accepts a claim and pays benefits that they are covered by the Virginia Workers’ Compensation Act. WRONG! You must file a claim with the Virginia Workers’ Compensation Commission (not just the employer) within two (2) years from the date of accident to protect your rights.
- A claim should be in writing and include the injured worker’s name, address and phone number, the employer’s information as above, date of injury or diagnosis of occupational disease, body parts injured, and signature of the injured worker.
- If you have received an Award, but that Award has ended, and you want additional weekly benefits, you must file a claim within the applicable deadline with the Commission even if the employer has agreed to pay the benefits.
- If you do not file a proper claim within the deadlines, you can lose all rights even if the employer or insurer has agreed to pay benefits to you.
- If you are claiming an occupational disease, you must file a claim with the Commission within two years from when the doctor tells you that you have a work-related disease. Other time limits may also apply.
- INJURY BY ACCIDENT – In order to be covered, an “accident” must: 1. Occur at work or during a work-related function. 2. Be caused by a specific work activity. 3. Happen suddenly at a specific time. (Injuries occurring gradually or from repetitive trauma are not covered as accidents.)
- OCCUPATIONAL DISEASE – An occupational disease must be caused by the work and not be a disease of the back, neck or spinal column. Presumptions apply.
- CRUISER WRECKS – If involved in a cruiser wreck or other motor vehicle accident on or off the job (friends, family), additional laws apply. Call your lawyer.
If you have questions or would like to talk with us at Burgess & Perigard, PLLC, please contact us at above location. Jack Burgess is available 24/7 by cell at (703) 609-2033.
Commonwealth Of Virginia Line Of Duty Act
COMMONWEALTH OF VIRGINIA LINE OF DUTY ACT
The Line of Duty Act provides state-funded death and disability benefits for state and local public safety officers or their beneficiaries due to death or disability resulting from the performance of duties.
“Line of Duty” means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service of law.
Death Benefits: One time death benefit payment to beneficiary:
- $100,000.00 death due to unnatural cause,
- $25,000.00 death due to specified work related illnesses.
Disability Benefits: Health insurance coverage for permanently disabled officer, spouse and dependent children (disabilities occurring after July 1, 2000, for localities) and widows (for deaths occurring after April 8, 1972.)
Termination of eligibility for LODA health insurance benefits:
- If death or disability occurred on or after July 1, 2017, benefits will cease when the disabled person becomes eligible for Medicare due to age.
- Return to full-duty in any position defined by the Line of Duty Act.
- If the disabled person’s annual earned income become equal to or greater than their salary at the time of disability (indexed for inflation), then eligibility will cease.
Dependents: These are the general requirements for a child to be considered a dependent for the purposes of this benefit:
- Starting July 1, 2017, children will be eligible for health insurance coverage until the end of the year in which he/she reaches the age of 26.
- The child is over 26, but is mentally or physically disabled.
- Children conceived or adopted after the date of disability are not eligible for LODA health insurance benefits.
Termination of Dependent Coverage: Continued health insurance provided by this benefit shall terminate upon the occurrence of any one of the following situations:
- The dependent’s death,
- A surviving spouse remarries on or after July 1, 2017.
- The dependent is covered by an alternate health insurance plan,
- The dependent child reaches the end of the year in which he/she reaches the age of 26 and is not mentally or physically disabled.
Processing Claims: Each claim and related documents must be filed with VRS. VRS conducts a detailed review of the claim, including an investigation by the Virginia State Police and a review by the Medical Board. VRS will issue a decision on the claim. Please refer to the attachment for an outline of the claim process.
How long does it take to process a Line of Duty (LOD) claim?
It may take approximately 6 to 9 months from the time the claim is submitted.
What health insurance coverage am I entitled to under LOD?
A LODA health benefit plan administered by the Department of Human Resources Management (DHRM). Plan information can be found at: www.dhrm.virginia.gov/healthcoverage/loda-health-benefits
How long is my spouse covered under LOD?
Continued health insurance terminates upon such spouse’s death or coverage by alternate health insurance (§ 9.1-401 D). A surviving spouse will lose health insurance benefits if he/she remarries on or after July 1, 2017.
How long do claimants have to submit a claim for LODA benefits?
Virginia Code §8.01-522 sets forth a five-year statute of limitations.
How disabled does someone have to be to get LODA benefits?
The LODA says a “disabled person” means any individual who, as the direct or proximate result of the performance of his duty in any position listed in the definition of deceased person in this section, has become mentally or physically incapacitated so as to prevent the further performance of duty where such incapacity is likely to be permanent.
We interpret this to mean that if the person cannot return to full duty in an LODA eligible position they are disabled. For example, if a volunteer firefighter has a knee injury that renders him unable to continue as a volunteer firefighter he is owed benefits even if he has a regular job with heath insurance that he is able to continue uninterrupted.
Occupational Diseases and Heart Lung Bill
RECOMMENDED AUTOMOBILE, HOMEOWNER’S AND UMBRELLA/EXCESS INSURANCE COVERAGE
- Liability – $500,000 each accident
- Uninsured motorist – $500,000 each accident
- Medical Payments – $5,000 per person
- Collision – actual cash value, $250/$500 deductible
- Financed vehicles – purchase “GAP” coverage from lender or your carrier to cover any amount owed on car loan not covered by payment made under a liability or collision claim.
- Multi-peril coverage (fire, flood, vandalism, arson, etc.) in amount sufficient to cover replacement cost of home and its contents if totally destroyed by fire or other event.
- Medical Payments Coverage of $5,000.
- Liability Insurance of $250,000 or amount sufficient to allow purchase of umbrella/excess insurance.
- Renter’s Insurance providing similar coverage to above is also available.
- Minimum $1,000,000 coverage which is in addition to underlying homeowner’s/renter’s and automobile insurance policies.
Virginia Workers' Compensation Claims
The workers’ compensation laws in Virginia are designed to provide income replacement and medical treatment for injuries sustained arising out of and in the course of employment. Coverage also includes funeral expenses and death benefits for survivors resulting from a fatal accident or illness to an employee occurring on the job. Liability under the workers’ compensation law is generally “no fault” and is created by statute. The Workers’ Compensation Commission is the administrative and judicial body established by the Commonwealth of Virginia to administer claims under the Virginia Workers’ Compensation Act and serves as the decision-making body in legal disputes between employees and employers/insurers.
To be compensable under the Virginia Workers’ Compensation Act, an accident, illness or death must arise out of and in the course of your employment. The determination of whether a specific claim is compensable under the Virginia Workers’ Compensation Act is very fact specific to each case. The attached material provides basic information concerning Virginia workers’ compensation claims. The attorneys at Burgess & Perigard, PLLC, specialize in personal injury, wrongful death, and worker’s compensation law. We only represent employees, injured persons, and the families of those fatally injured in such claims. The firm has more than 30 years of experience representing our clients in these cases. We invite you to contact us directly for a free consultation concerning any questions you may have.
Attached for your information are the following items:
1.General information regarding Virginia workers’ compensation claims.
2.Information from the Virginia Workers’ Compensation Commission for employees.
3.A sample Claim for Benefits form.
If you have questions about a particular case or would like to talk to an attorney at Burgess & Perigard, PLLC, please contact us by email or telephone.
EMERGENCY CONTACT 24/7 TELEPHONE 703-609-2033