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Workers' Compensation Case Watch

The Virginia Workers' Compensation Commission recently addressed the “in the course of” requirement in Redleaf v. W&L Mail Service, Inc., JCN. VA00001513936 (June 11, 2019).

The claimant, a bulk mail delivery driver, arrived at the loading dock of a post office.  When the claimant got out of his truck, he noticed a large wasp nest above the stairs and wasps flying around.  He asked a post office employee to take care of the nest because he did not want to get stung.  The post office employee sprayed the nest and spray ran down the walls to the ground.  The claimant got a broom to knock the nest down.  The post office employee was too short to reach the nest, so he asked the claimant to use the broom to knock it down for him.  The claimant jumped up to knock the nest down, slipped on a substance that he believed was wasp spray, and hurt his ankle. 

The claimant testified that removing the nest would ensure that there would not

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXXI, NO. 1, Spring 2019. It appears here with permission.

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.

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. 

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

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. 

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,

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.

A Resource to Utilize in Workers' Comp Defense