18th Annual Workers’ Compensation Seminar

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. 

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"Act of God" and Compensability in 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,

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E-2 Treaty Investor Visa Now Available to Citizens of Israel

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.

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USCIS Completes the H-1B Cap for FY 2020

The US Citizenship & Immigration Services has met the H-1B visa cap for both the “regular” quota of 65,000 and the “advanced degree” quota of 20,000 for fiscal year 2020. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.

The USCIS alert reads as follows:

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Material Misrepresentation on an Employment Application as a Defense to Workers' Compensation Claims

A Resource to Utilize in Workers' Comp Defense

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Virginia Legislative Alert: SB1619 Virginia's New Spoliation Law

New Section Added to Virginia Code §8.01-379.2:1

On March 7, 2019, the Virginia legislature passed S1619, which added a new section to the Virginia code addressing spoliation at § 8.01-379.2:1. Governor Ralph Northam signed the new legislation into law on March 21, 2019.

S1619 creates an affirmative duty to preserve evidence that a party should reasonably foresee as being relevant to a future lawsuit. The law instructs courts to examine all of the circumstances when determining when the duty to preserve evidence is triggered. Courts must evaluate when the party in possession of the evidence (1) had notice litigation was likely, and (2) realized that the evidence in question would be relevant to the lawsuit.

The Legislature Provides Two Different Spoliation Remedies

 The legislature also provided two different spoliation remedies. First, S1619 provides that when

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Defending Negligence Per Se Claims Under Virginia Law

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXX, NO. 4, Winter 2018-2019. It appears here with permission.

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Virginia Legislative Alert: SB1486 Allows Depositions to be Used in Support of Summary Judgment - Not Quite

Amendment to Virginia Code §8.01-420.

On February 21, 2019, the Governor signed a Bill amending Virginia Code Section 8.01-420.  Virginia Code Section 8.01-420 expressly states that depositions cannot be used in support of a Motion for Summary Judgment.  The recently enacted amendment to this statute allows depositions to be used, but only in the limited situation where the

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Virginia Legislative Alert: Bad Faith Bill SB1117 Stuck in Committee, But Virginia Bill SB1293 Sent to Governor.

Bill SB1117 Stuck in Committee

In reaction to the Supreme Court of Virginia’s 2017 decision in Manu v. GEICO Cas. Co., 293 Va. 371 (2017), a bill was introduced to the General Assembly in 2018, seeking to impose bad faith on UM/UIM insurance carriers. In 2018, the proposed legislation died in a Senate committee. In 2019, another substantively identical UM/UIM bad faith bill was proposed, SB1117.

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WEBINAR: The Mandatory Disclosure Rule & False Claims Act Update

DATE: Feb. 13, 2019

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