News & Publications

Litigation Director Joseph Moore is ALFA International's  "Friday Feature" this week. He is serving as the Program Chair for their 2019 Hospitality and Retail Seminar. Read the full post and interview here. 

McCandlish Holton attorneys D. Cameron Beck Jr. recently defended a national trucking company in a five-day federal jury trial in the Western District of Virginia, Harrisonburg Division.  The Defendants admitted liability, but contested the plaintiff’s damages.

The United States Citizenship & Immigration Services (US CIS) has announced that it is suspending 15 day premium processing for H1-B cap cases filed on April 2, 2018 for the FY 2019 quota year, which commences on October 1, 2018.   Note that only H1-B cap cases are unable to premium.  H1-B extensions, transfers and cap exempt employers can still file cases using 15 day premium processing.  A link to the US CIS announcement is below:

By: Eva C. Roffis, Esq.

Often, 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.

Allen & Rocks, Inc. v. Briggs, 28 Va. App. 662, 675, 508 S.E.2d 335, 341 (1998).  It is also worth noting that the party seeking the change in treating physician bears the burden of establishing that a change is warranted. Apple Constr. Corp. v. Sexton, 44 Va. App. 458, 461, 605 S.E.2d 351, 352 (2004). 

A successful change in treating physician application brought by the employer and carrier is illustrated in the case of Hite v. Dupont Cmty. Credit Union, JCN 2251240, 2016 VA Wrk. Comp. LEXIS 49 (Jan. 27, 2016). In this case, the claimant had been treating with her treating physician for almost ten years. The defendants filed an application seeking a change in treating physician on the ground that the claimant had not significantly improved or

By: Amanda Tapscott Belliveau, Esq.

The 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.  

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. 

McCandlish Holton is pleased to announce that two of our attorneys have been named in the 17th Edition of 'Legal Elite' by Virginia Business Magazine. Each year Virginia Business asks attorneys around the Commonwealth to nominate their peers for distinction in 18 categories.

By: Worker's Compensation Practice Group

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.”

McCandlish 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.”

Workers' Compensation 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.