News & Publications

No Medical Progress? Consider a Change in Treating Physician

By: Eva C. Roffis, Esq.

Often times we find a claim has stalled because the claimant’s treating physician is offering inadequate care. In these situations, either party may seek a change in treating physician.

In Virginia, the circumstances that justify a change in treating physician are as follows:

  • Inadequate treatment is being rendered;
  • Specialized treatment is needed and is not being provided;
  • A lack of progress or improvement of the claimant's condition without any adequate explanation is shown;
  • Conventional modalities are not being used;
  • No plan of treatment for a long-term disability is established; and 
  • The treating physician fails to cooperate with discovery proceedings ordered by the Commission.

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2018 VSIA Initial Legislation Update

By: Andrew E. Sassoon, Esq.

With the new year upon us, Virginia workers’ compensation has already experienced a significant change with the introduction of the Medical Fee Schedule. However, more changes may be coming as the Virginia General Assembly considers new bills related to Virginia workers’ compensation.  The 2018 Session is tentatively scheduled to occur on March 10, 2018.

Briefly, the Virginia General Assembly’s make-up significantly changed as a result of the November 2017 elections.  Notably, the Republicans now have an extremely slim 51-to-49 majority in the Virginia House of Delegates. 

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A Winter Wonderland of Slips, Trips, and Falls on Snow and Ice

By: Amanda Tapscott Belliveau, Esq.

amanda-belliveau.jpgThe recent cold snap will likely result in an increase in claims alleging slips or falls on snow or ice.  The claims must be analyzed on a case-by-case basis in order to determine whether the injury arose out of and occurred in the course of the employment.

Arising out of Analysis

Generally, ice or snow will be considered an added risk.  However, a claimant must relate an injury to the ice or snow in these cases.  

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Administration Backs Off Proposal to Eliminate Extension of H-1B Visas Beyond 6 Year Limit

For weeks, rumors have been circulating that U.S. Citizenship & Immigration Services (USCIS) planned to eliminate extensions of stay for H-1B workers beyond the normal 6 year limit.  Current law allows H-1B workers to extend their H-1B status beyond the normal 6 year limit if (1) they have an application for permanent residence that has been pending for at least 1 year, or (2) they are unable to complete the green card process because of limited “per country” quotas on green card issuance. 

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Medical Fee Schedule Begins January 1st, 2018

By: Brian J. McNamara, Esq.

Virginia Workers’ Compensation is experiencing significant changes.  On January 1, 2018, the Commission’s new Medical Fee Schedule (MFS) went into effect.  Several provisions associated with the new MFS could present challenges to employers and insurers who are not ready for the changes.

1) The fee schedule applies to every bill for medical services rendered on or after January 1, 2018, regardless of the date of injury.

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3 McCandlish Holton Morris Attorneys Named to Virginia Business magazine's 2017 'Legal Elite'

McCandlish Holton Morris is pleased to announce that three of our attorneys have been named among the 'Legal Elite' for 2017 by Virginia Business magazine. Each year Virginia Business asks attorneys around the Commonwealth to nominate their peers for distinction in 18 categories.

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The Street Risk Doctrine

By: Emily C. Whitaker, Esq.


The busy months of November and December bring with them lots of traveling, which means employees may be driving in higher traffic conditions, sometimes on icy roads.  In regards to the compensability of motor vehicle accidents, Virginia follows the “street risk doctrine.”

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McCandlish Holton Morris Recognized In 2018 Benchmark Litigation

Unknown.pngMcCandlish Holton Morris has been named a “Recommended” law firm in Virginia in the 2018 edition of Benchmark Litigation, the only publication to focus exclusively on litigation firms and attorneys. In addition to the firm-wide ranking, seven McCandlish Holton Morris attorneys were named as either a “Local Litigation Star” or a “Future Star.”

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McCandlish Holton's Scott Ford and Amanda Belliveau Spoke at Commonwealth Contractors Seminar

Firm Vice President and Director, Scott C. Ford and Director, Amanda T. Belliveau spoke at the Commonwealth Contractors Management Seminar on November 14, 2017. The event, hosted by CCGSIA, covered a range of topics including OSHA visit preparedness, return to work programs, toxicology and its impact on workers’ compensation, and distracted driving.

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McCandlish Holton Morris Ranked by U.S. News - Best Lawyers “Best Law Firms” 2018

McCandlish Holton Morris has received 13 metropolitan rankings in the 2018 edition of US News – Best Lawyers “Best Law Firms.” The firm received metropolitan Richmond Tier 1 ratings in Immigration, Commercial Litigation, Labor & Employment Litigation, and Personal Injury Litigation – Defendants. Several other practice areas earned Richmond Metro ratings. See the full ratings here:  U.S. News – Best Lawyers “Best Law Firms” 2018.

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More About Us

McCandlish Holton provides creative business and legal strategies for the marketplace of today and tomorrow. From our offices in the financial district of Richmond, Virginia, we represent professionals and businesses, ranging from small start-ups to Fortune 500 companies, in all aspects of their legal needs.

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