In Loudoun County v. Richardson, the claimant injured his hip in a work accident. The claimant’s treating physician performed a hip replacement surgery and then gave the claimant an 11% rating for loss of use. Later, the treating physician was asked to calculate the claimant’s level of impairment before the hip replacement surgery, which the doctor determined was 74%.
May 15, 2020
Tags: Workers' Compensation, Workers' Compensation Case Watch
The White House has issued “Proclamation 10014” suspending travel to the US by individuals who will seek entry to the United States using an “immigrant visa” (a visa issued to individuals entering the US to become permanent residents).
[UPDATE: Proclamation 10014 is revoked 2/24/2021.]
April 23, 2020
Tags: News, Immigration Law, USCIS, COVID-19
SPECIAL EDITION | Coronavirus & Comp Updates
Arising Out Of
Added risks in the employee’s home workspace are likely to be “conditions of the work place” meeting the arising out of element of a workers’ compensation claim.
Three Case Examples:
April 15, 2020
Tags: Employment Law, Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp
SPECIAL EDITION | Coronavirus & Comp Updates
A nursing home employee or in-home health care professionals can prove a compensable coronavirus claim, by showing that their coronavirus diagnosis:
1. arose out of and in the course of the employment;
2. did not come from causes outside of work; and,
3. that coronavirus is an infectious or contagious disease contracted in the course of employment in a nursing home or in the direct delivery of healthcare.
The second and third elements will likely be the most difficult to prove.
Nursing Homes are at the Highest Risk of Being Affected
However, as COVID-19 spreads in the United States, confirmed cases in nursing homes and long-term care facilities have continued to rise. The Centers for Disease Control and Prevention (“CDC”) has indicated that nursing homes are at the highest risk of being
April 9, 2020
Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp
The US CIS has completed the selection process for H1B pre-registrations. Cases selected for processing will be notified, and will have 90 days to prepare and submit H1B petitions. We will notify clients of updates as soon as we receive them.
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We randomly selected from among the
March 27, 2020
Tags: News, Immigration Law, USCIS
Congress recently passed, and the President signed, the Families First Coronavirus Response Act (the “FFCRA”). The FFCRA provides assistance to workers impacted by the COVID-19 pandemic.
There are two aspects of the FFCRA directly applicable to employers:
1. mandatory paid sick leave under the Emergency Paid Sick Leave Act (“Paid Sick Leave Act”) and,
2. expansion of medical leave under the Emergency Family Medical Leave Expansion Act (“Emergency FMLA”).
The Paid Sick Leave Act and the Emergency FMLA become effective April 1, 2020 and last until December 31, 2020.
The Emergency FMLA and Paid Sick Leave Act apply only to private employers with fewer
March 25, 2020
Tags: Employment Law, COVID-19
SPECIAL EDITION | Coronavirus & Comp Updates
Read the full 4-part Workers’ Comp and COVID-19 Update.
At this point, the full impact of the coronavirus is unknown. The American College of Cardiology’s website states that “the specific effects of COVID-19 on the cardiovascular system remain unclear, although there have been reports of acute cardiac injury, hypotension, tachycardia, and a high proportion of concomitant cardiovascular disease in infected individuals…we’re all
March 20, 2020
Tags: Workers' Compensation, COVID-19, Coronavirus & Workers' Comp
McCandlish Holton wishes to assure our clients and the community that we are working to maintain full operations during the current health crisis. We are carefully following the regional and national updates on the spread and impact of COVID-19 (Coronavirus) to protect our employees, clients, and community.
US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak
In the face of the COVID-19 pandemic, our country is relying upon the trucking industry to deliver all of the medical supplies and food we need in order to function and thrive in this unprecedented time.
March 18, 2020
SPECIAL EDITION | Coronavirus & Comp Updates
Read the full 4-part Workers’ Comp and COVID-19 Update.
Va. Code §65.2-402 provides first responders with a presumption that respiratory and heart diseases, as well as certain other medical conditions, are compensable. If the Commission analyzes a coronavirus claim under this code, could it find in the claimant’s favor?
Va. Code §65.2-402 provides first responders with a presumption that respiratory and heart diseases, as well as certain other medical conditions, are compensable. To defeat the claim, the defendants must show that the claimant’s disease was not caused by the employment and that a non-work-related cause of the disease existed. If the Commission analyzes a coronavirus claim under Va. Code §65.2-402, it may well find in the claimant’s favor, depending upon how the coronavirus is ultimately found to effect other health conditions.
A Claim Involving Virally Induced Heart Disease in a Police Officer
The claimant in Town of Purcellville Police v. Bromser-Kloeden, 35 Va. App. 252 (2001) was a police officer seeking workers’ compensation benefits for virally induced heart disease. The defendants argued that the claimant’s condition did not qualify as an occupational disease
March 18, 2020
Tags: Workers' Compensation, Workers' Compensation Defense Digest, COVID-19, Coronavirus & Workers' Comp
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