Immigration Attorney Mark Rhoads Speaks at NACE 2019 Conference

Immigration attorney and McCandlish Holton firm President, Mark B. Rhoads, presents at the 2019 annual conference and expo of the National Association of Colleges and Employers (NACE), in Orlando, Florida, on June 4, 2019. His topic is: "Immigration Made Easy: A Practical Guide to U.S. Work Visas." Mark's presentation will provide practical guidance regarding the typical work visa options available to allow international grads to work in the Unites States, including H-1B, and other options that may be available.

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McCandlish Holton Workers' Compensation Announces Attorney's Return

Jessica Hacker Trivizas returns home to McCandlish Holton's workers' compensation team after working on the NFL Concussion and BP Oil Spill settlements. Her background on these mass claims resolution programs gives her unique insight into the work of claims adjusters. 

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McCandlish Holton's Litigation Practice Group Welcomes Attorney Brittany B. Falabella

Welcoming Brittany B. Falabella, litigation practice group Director, Cam Beck says, "We are excited to have Britt join our team.  She brings bankruptcy and commercial litigation experience that will be valuable to our corporate clients.  Britt also understands well the challenges and needs of in house counsel as she previously served as general counsel of a Richmond based sports marketing and management company."

Since 2009, Britt also has been a volunteer coach with Henrico Adult basketball and soccer, in association with the Special Olympics. Britt says her inspiration began at home: "I have a sister with autism, so I have

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Impairment Ratings Related to Total Joint Replacement in Workers' Compensation Claims

By: Amanda Tapscott Belliveau

The Court of Appeals recently addressed the issue of impairment ratings as they relate to total joint replacements in Loudoun Co. v. Richardson, Record No. 1533-18-4 (April 16, 2019). The claimant sustained an injury to his hip, and the treating physician assigned a 74% loss of use rating to his left leg based upon his impairment prior to undergoing a hip replacement.  The Court of Appeals rejected the employer’s argument that the appropriate measure of loss is the claimant’s impairment after his hip replacement, as the implanted prosthetic enabled him to achieve maximum medical improvement.  The Court of Appeals found that the loss of use is measured by a claimant’s impairment at the time of the necessary implantation of the corrective device.  The Court of Appeals found that nothing in

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18th Annual Workers’ Compensation Seminar

The Workers' Compensation practice group at McCandlish Holton is thrilled to announce our 18th Annual Workers' Compensation Seminar. The seminar is one of the premier industry events in the Mid-Atlantic Region-- a full day of useful information and continuing education free to adjusters, risk managers, employers, nurse case managers, and brokers. The event will take place September 26, 2019 in Richmond, Virginia. 

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"Act of God" and Compensability in Virginia

By: Eva C. Roffis and Joseph T. McNally, Jr.

With the spring season here and the summer months approaching, many employers may find an increase in work tasks to be performed outdoors. As a result of increased productivity outdoors, employees will be exposed to varying weather conditions and forces of nature in the form of wind, rain, lightning, hail, etc. However, accidents and injuries caused by weather conditions must be tied to an actual risk of employment in order to be found compensable.

"Act of God" and the Actual Risk Test

In Virginia, the “actual risk” test requires that the employment task expose the employee to the particular danger that instigated his or her injury. Under the actual risk test, evidence of an injury while at work from a force of nature, standing alone,

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E-2 Treaty Investor Visa Now Available to Citizens of Israel

After years of negotiations between the U.S. and Israeli governments, the E-2 treaty investor visa will be available to Israeli citizens as of May 1, 2019.  The E-2 visa is a valuable option which allows entrepreneurs to remain in the U.S. to manage investments they have made in either purchasing or starting a business.  The E-2 also allows Israeli companies that have invested in U.S. operations to hire Israeli workers for executive, supervisory, or essential-skills positions.  Spouses of E-2 visa holders are eligible to work for any employer in the U.S.

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USCIS Completes the H-1B Cap for FY 2020

The US Citizenship & Immigration Services has met the H-1B visa cap for both the “regular” quota of 65,000 and the “advanced degree” quota of 20,000 for fiscal year 2020. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.

The USCIS alert reads as follows:

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Material Misrepresentation on an Employment Application as a Defense to Workers' Compensation Claims

A Resource to Utilize in Workers' Comp Defense

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Virginia Legislative Alert: SB1619 Virginia's New Spoliation Law

New Section Added to Virginia Code §8.01-379.2:1

On March 7, 2019, the Virginia legislature passed S1619, which added a new section to the Virginia code addressing spoliation at § 8.01-379.2:1. Governor Ralph Northam signed the new legislation into law on March 21, 2019.

S1619 creates an affirmative duty to preserve evidence that a party should reasonably foresee as being relevant to a future lawsuit. The law instructs courts to examine all of the circumstances when determining when the duty to preserve evidence is triggered. Courts must evaluate when the party in possession of the evidence (1) had notice litigation was likely, and (2) realized that the evidence in question would be relevant to the lawsuit.

The Legislature Provides Two Different Spoliation Remedies

 The legislature also provided two different spoliation remedies. First, S1619 provides that when

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