News & Publications

Amanda T. Belliveau Honored Among Class of 2023 by Virginia Lawyers Weekly Leaders in the Law

Amanda Belliveau is selected by Virginia Lawyers Weekly as an Honoree in the 2023 Class of Leaders in the Law. Chair of the Workers’ Compensation practice group, Amanda represents employers and carriers in the defense of workers’ compensation claims, handling matters through all levels of the litigation process.

September 14, 2023

Tags: News, Workers' Compensation, Attorneys, Awards & Recognitions

Eva Roffis Honored Among Class of 2023 by Virginia Lawyers Weekly Up & Coming Lawyers

September 14, 2023

Tags: News, Workers' Compensation, Attorneys, Awards & Recognitions

Assault Did Not Arise Out of the Claimant’s Employment

The Commission recently upheld a denial of benefits to the claimant due to an alleged assault in Jones v. AutoZone, Inc., JCN VA00001970794 (July 5, 2023).

September 7, 2023

Tags: Workers' Compensation, Workers' Compensation Case Watch

Best Lawyers in America© 2024 Recognizes 19 McCandlish Holton Attorneys

Best Lawyers in America© 2024 Edition recognizes 19 McCandlish Holton attorneys in 15 practice areas such as: Commercial Litigation, Insurance Litigation, Workers’ Compensation, Immigration Law, Employment Law, and Construction Litigation. Reflective of the foundational role civil litigation holds at McCandlish Holton, 11 of the 15 recognized practice areas are in litigation.

August 17, 2023

Tags: News, Employment Law, Health Care Law, Litigation, Workers' Compensation, Immigration Law, Real Estate & Finance, Toxic Tort, Awards & Recognitions

5 Investigative Tips for Determining Jurisdiction of Out-of-State Injuries

Workers’ Compensation Defense Digest | July 2023

Accidents that happen outside of Virginia are known as “foreign injuries” under Virginia Code § 65.2-508. That code section provides the framework for determining whether the accident falls under the jurisdiction of the Virginia Workers’ Compensation Act.

When an accident takes place outside of Virginia, the claimant can recover under the Act if both:

(1) The claimant’s contract of employment was made in Virginia; and
(2) The employer has a place of business in Virginia; provided the contract of employment was not expressly for services outside Virginia.

It is the claimant’s burden to establish these elements.

Contract of Employment

The contract of employment may be in writing or may be a verbal agreement. The place where the last act necessary to give validity to a contract occurs is the place where the contract is made.

Determining where the last act necessary to complete the contract is made can be tough, but the case law provides useful examples:

In Pro-Football Inc. v. Paul, 39 Va. App. 1, 569 S.E.2d 66 (Sept. 3, 2002), a professional football player was traded from the Denver Broncos to the Washington Commanders. As a

July 31, 2023

Tags: Workers' Compensation, Workers' Compensation Defense Digest

Workers’ Compensation Legislative Alert: 4 New Virginia Laws Taking Effect July 1, 2023

These 4 new or amended laws will take effect on July 1, 2023:

June 22, 2023

Tags: Workers' Compensation, Virginia Legislative Alert, Workers' Compensation Defense Digest

Court of Appeals Reverses Temporary Partial Disability Award

Virginia Alcoholic Beverage Control v. Blot, Record No. 1395-21-2 (Va. App. Sept. 6, 2022).

The claimant tripped over a rug and injured his knee sustaining a compensable injury by accident. Later, the claimant stopped working after receiving a note from his cardiologist taking him out of work due to COVID. The claimant admitted his decision to stop working was not due to his knee injury.

During the claimant’s absence from work, the employer replaced him. Approximately one year later, the claimant returned to light duty work. His treating physician gave him “light duty” restrictions but did not specify what those restrictions where, nor did the doctor restrict the number of hours the claimant could work.

The employer had updated their systems in the claimant’s absence, so when he returned to work he needed to be retrained. While he was on light duty, he worked reduced hours due to scheduling issues and his need to be retrained. He began marketing his residual capacity but did not find a job.

December 1, 2022

Tags: Workers' Compensation, Workers' Compensation Defense Digest

13 McCandlish Holton Practice Areas Ranked by Best Lawyers® ‘‘Best Law Firms” 2023

Bet-the-Company Litigation, Commercial Litigation, and Immigration Law in RICHMOND top tier

The 2023 Edition of Best Lawyers® ‘‘Best Law Firms” ranks thirteen McCandlish Holton, PC practice areas across Tiers 1-3 in metropolitan Richmond.

To be eligible for a practice area ranking, a firm must first have a lawyer recognized in Best Lawyers in America^®, which recognizes 5% of lawyers practicing in the United States.

In total, fourteen McCandlish Holton attorneys are individually recognized in Best Lawyers® 2023 Edition, and two attorneys are granted further distinction as ‘‘Lawyer of the Year’’:

Jennifer Minear, Immigration ‘‘Lawyer of the Year’’
Amanda T. Belliveau, Workers’ Compensation - Employer ‘‘Lawyer of the Year’’

Tier 1 - Richmond Metropolitan Area

Tier 2 - Richmond Metropolitan Area

November 3, 2022

Tags: News, Employment Law, Health Care Law, Litigation, Workers' Compensation, Immigration Law, Insurance Coverage, Attorneys, Awards & Recognitions

Virginia Workers’ Compensation Legislative Alert: New Legislation Takes Effect July 1, 2022

These 5 new laws will take effect on July 1, 2022:

July 20, 2022

Tags: Workers' Compensation, Virginia Legislative Alert, Workers' Compensation Defense Digest

Provider Panel Considerations

What is a panel?

A valid panel is a list of at least three different providers from at least three different practice groups from which the claimant may select an authorized treating provider.

Once a provider is selected from a panel, the claimant is limited to treating with that provider and with the referrals made by that provider.

Why is a panel important?

The panel is an important tool, as it provides some control to the employer and carrier in limiting which doctors the claimant may treat with in the workers’ compensation claim. After the treating physician is established in a claim, it can be difficult for either party to later change treating physicians unless all parties agree.

March 11, 2022

Tags: Workers' Compensation, Workers' Compensation Defense Digest

News & Publications

Amanda T. Belliveau Honored Among Class of 2023 by Virginia Lawyers Weekly Leaders in the Law

Eva Roffis Honored Among Class of 2023 by Virginia Lawyers Weekly Up & Coming Lawyers

Assault Did Not Arise Out of the Claimant’s Employment

Best Lawyers in America© 2024 Recognizes 19 McCandlish Holton Attorneys

5 Investigative Tips for Determining Jurisdiction of Out-of-State Injuries

Workers’ Compensation Legislative Alert: 4 New Virginia Laws Taking Effect July 1, 2023

Court of Appeals Reverses Temporary Partial Disability Award

13 McCandlish Holton Practice Areas Ranked by Best Lawyers® ‘‘Best Law Firms” 2023

Bet-the-Company Litigation, Commercial Litigation, and Immigration Law in RICHMOND top tier

Tier 1 - Richmond Metropolitan Area

Tier 2 - Richmond Metropolitan Area

Virginia Workers’ Compensation Legislative Alert: New Legislation Takes Effect July 1, 2022

Provider Panel Considerations

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