News & Publications

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 Health Care Team 

Another HIPAA deadline is approaching.  Covered entities and business associates have until Tuesday, September 23, 2014, to bring existing business associate agreements (“BAAs”) into compliance with HIPAA.

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.

By: David E. Gluckman, Esq

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: The Workers' Compensation Practice Group

Due to recent winter weather, employers and workers' compensation insurers may see increased reports of slips and falls while employees are arriving at and leaving work. In Virginia, these accidents are only compensable if they arise out of and in the course of employment.

By: Amanda S. Tapscott, Esq.

Entitlement to PPD Not Proven

Trevathan v. Loudoun County School Board, No. 226-12-4, 2013 Va. App. LEXIS 205 (Ct. App. Jul. 16, 2013) (mem.)

The Court of Appeals affirmed the Commission's denial of a claim for permanent partial disability benefits made based upon a 25% impairment to the left leg.  In his accident, Claimant suffered a dislocated left hip and fractured his left femoral head and left femoral hip, for which benefits were awarded.

By: The Workers' Compensation Practice Group

Reid v. Virginia Commonwealth University

Rec. No. 0478-13-2 (Va. Ct. App. Oct. 22, 2013)

The Court of Appeals affirmed the Commission’s decision to deny the claimant’s request for medical benefits for the neck and left shoulder.  The Court of Appeals affirmed the finding that these injuries were not compensable consequences of the prior right shoulder injury.

By: The Workers' Compensation Practice Group

The Full Commission reversed the decision of the Deputy Commissioner below, who had found that the claimant failed to adequately market his residual work capacity while on light duty. The Deputy Commissioner found that the claimant failed to put on evidence of the dates of contacts, the numbers of contacts, or any evidence that he looked for work at places with openings. In finding that the claimant did make reasonable efforts to market his work capacity, the Full Commission pointed to the unique and unusual circumstances of the claim.