Recent Opinion Finds Employers Responsible for Cost of FCE Impairment Rating

This Recent Opinion is a Departure

In its recent Opinion in Elliott v. Sam Green Vault Corp., JCN VA00001108316 (Oct. 5, 2021), the Commission departs from its prior rulings, with one Commissioner dissenting. 

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Cam Beck Awarded DRI’s Fred H. Sievert Award for Launching Program to Increase Diversity

The Defense Research Institute (DRI) recognized civil litigation attorney D. Cameron Beck, Jr. at their 2021 Annual meeting as recipient of the Fred H. Sievert Award. DRI has presented this award annually since 1988 in recognition of a current or former president of a state defense bar organization who has made a significant contribution towards achieving the goals and objectives of the defense bar organization.

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McCandlish Holton Ranked for 13 Practice Areas by U.S. News - Best Lawyers® “Best Law Firms” 2022

The 2022 Edition Ranks three practice areas for the first time

The 2022 Edition of US News – Best Lawyers® ranks thirteen McCandlish Holton PC practice areas, including three practice areas that are newly ranked:

McCandlish Holton PC received metropolitan Richmond Tier 1 ratings in three practice areas:

To be eligible for a practice area ranking, a firm must first have a lawyer recognized in The Best Lawyers in America®, which recognizes 5% of lawyers practicing in the United States. In 2022, McCandlish Holton PC has 17 attorneys recognized by Best Lawyers

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McCandlish Holton Mourns Governor Linwood Holton

a mentor and a moral force who radiated positive energy

McCandlish Holton mourns the loss of our friend and colleague, Linwood Holton, former governor of Virginia and civil rights champion.  Law firm Chairman Tom McCandlish sent the following message to the firm, which is a fitting tribute to a true American hero:

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Matthew Haynes Earns Certified Litigation Management Professional (CLMP) Designation

Matthew Haynes, a Director in McCandlish Holton’s Litigation Practice Group, successfully completed the 2021 Claims and Litigation Management Alliance (CLM) Litigation Management Institute (LMI) in Chicago, earning the Certified Litigation Management Professional (CLMP) designation. 

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Mike Gladstone to Speak on Uranium Mining Case at IADC Regional Virtual Meeting

Mike Gladstone, civil litigation attorney and member of the McCandlish Holton trial team that successfully represented the Office of the Attorney General of Virginia in Wise County Circuit Court on behalf of the Commonwealth in defense of the moratorium on uranium mining, will present ‘‘RIP: A Very Short History of Virginia’s Uranium Litigation from Richmond, Virginia’’ at the IADC Mid-Atlantic Virtual Regional Meeting held in Richmond, Virginia on October 28, 2021.

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Supreme Court of Virginia Refuses to Hear Virginia Uranium’s Request for Appeal

 

Outcome Obtained by Trial Team Becomes Final

On September 30, 2021, the Supreme Court of Virginia announced their refusal to hear an appeal from Virginia Uranium Incorporated (‘‘VUI’’) seeking review of the July 30, 2020 decision from the Wise County Circuit Court. The Supreme Court determined: “The court is of the opinion there is no reversible error in the judgment complained of,” ending this round of litigation which first began in 2015.

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Discrete Event vs. Injury Over Time: The Supreme Court Weighs In

WORKERS COMPENSATION CASE WATCH

On August 26, 2021, the Supreme Court of Virginia issued an Opinion in City of Charlottesville, et al. v. Sclafani, Record No. 200791 (Va. Aug. 26, 2021), which provides additional guidance regarding the Van Buren “injury by accident” line of cases. 

After a series of appeals and remands, the Court of Appeals affirmed the Commission’s determination that Sclafani, a police officer, sustained a compensable injury by accident when he injured his left shoulder during a four-hour afternoon training session.*  During that session, the claimant’s activities included being put on the ground and handcuffed, picked up, and moved away. 

The Supreme Court disagreed with the reasoning of the Court of Appeals, noting that the Court of Appeals seems to establish a “bright line rule that a four hour time period is sufficiently temporally precise to establish a compensable injury under the Act.” 

The Supreme Court found that asserting that an injury occurred over a four hour time period where multiple potential causative events occurred is not enough to establish

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Best Lawyers in America© 2022 Recognizes 17 McCandlish Holton Attorneys

Best Lawyers in America© 2022 Edition recognizes 17 McCandlish Holton attorneys in 13 practice areas such as: Commercial Litigation, Insurance Litigation, Workers’ Compensation, Immigration Law, Employment Law, and Healthcare Law.  Of those recognized, 7 have been named by Best Lawyers in America© for 10 years or longer, with 2 attorneys, Tom McCandlish and Phil Morris having been recognized for 30 years or more.

In it’s second edition, Best Lawyers: Ones To Watch® recognizes 4 McCandlish Holton attorneys in 7 different practice areas, such as: Transportation Law, Civil Rights Law, and Bankruptcy and Creditor Debtor Law. 

[See below for full list of attorneys and practice areas.]

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Impending Legalization of Marijuana in Virginia Raises New Issues for Workers’ Compensation Compensability

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