By: The Workers' Compensation Practice Group
When negotiating settlements and planning for future exposure in a claim, one issue to remain constantly aware of is the potential role that a Medicare Set-Aside (MSA) may play in your claim. We must take Medicare’s interest into account in every workers’ compensation settlement. Therefore, it is important to understand what a Medicare Set-Aside is, when you might need one, and what effect it can have on the handling of a claim.
By: The Workers' Compensation Team
A workers’ compensation claimant cannot be terminated merely for filing a workers’ compensation claim. However, an employer may terminate a claimant as long as it is not in retaliation for the filing of a workers’ compensation claim but rather based on misconduct that is unrelated to the workers’ compensation claim.
The Virginia Court of Appeals has held that an employee who is terminated for cause and for reasons not concerning his disability is not entitled to receive compensation benefits. Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72, 84, 608 S.E.2d. 512, 517 (2005)(en banc). This is because, “any subsequent wage loss is properly attributable to his wrongful act rather than his
We are pleased to announce that four of the firm's attorneys have been selected for the 2015 Readers' Choice listing published by the Richmond Times-Dispatch. Congratulations to Mark B. Rhoads and Jonathan L. Moore.
McCandlish Holton attorney Thomas C. Foster spoke along with Professor John Pagan to the Lewis F. Powell, Jr. American Inn of Court at the University of Richmond regarding the Fourth Circuit decision in Bostic v. Schaeffer, 760 F.3d 352 (July 28, 2014), legalizing same sex marriage in Virginia and the effects on constitutional law, family law and employee benefits.
McCandlish Holton is pleased to announce that Virginia Business has named two of the firm's attorneys in its 2014 Legal Elite listing. The publication recognized Michael H. Gladstone in Civil Litigation and Samantha Stecker Otero in Labor/Employment.
By: The Workers' Compensation Team
A recent study released by the U.S. Department of Labor indicates that workplace fatalities declined 15% in Virginia in 2013. Additionally, workplace fatalities across the nation declined 5% in 2013. This data is encouraging, as Virginia saw a troubling increase in workplace fatalities in the last several years, according to the Census for Occupational Injuries issued by the Bureau of Labor Statistics.
By: The Workers' Compensation Team
Homicides accounted for about 10% of all fatal workplace injuries in the United States in 2012.* Additionally, thousands of other workers are injured as a result of workplace violence each year. Among other issues, workplace violence requires employers to address OSHA concerns, potential workers’ compensation claims and, in certain situations, civil liability.
It happens all the time. Your clients are planning an international dream vacation or an exciting change of jobs. But their green cards are expiring! Do they have to cancel everything? Probably not, but the laws and procedures that apply in these situations are not as clear as one would hope. This article will empower practitioners with all the information needed to guide clients through this potential morass.
By: The Workers' Compensation Practice Group
The General Assembly recently passed an Amendment to the Virginia Workers’ Compensation Act section 65.2-805. This code section assesses a civil penalty against employers who fail to have workers’ compensation coverage when it is required. The new amendment increases the penalties significantly to not more that $250 a day for each day of noncompliance, up to a maximum of $50,000, plus collection costs. This change goes into effect on July 1, 2014.
By: David E. Gluckman, Esq