Using Social Media Evidence to Defend Workers' Compensation Claims

By: Eva C. Roffis

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Beat the Heat: defending and preventing heat exposure claims

By: Emily C. Whitaker 

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Navigating the Two Causes Rule

By: Lauren E. Hutcheson, Esq

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Physician Panels and Challenges Presented by Urgent Care Facilities

By: Esther King, Esq.

The beginning of any new claim can be difficult.  There are often more questions than answers, and you want to ensure that the claimant is provided with prompt care by an appropriate provider.    

Virginia Code §65.2-603(A)(1) provides: “as long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer.”

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McCandlish Holton Workers' Compensation Practice Reorganizes

The Workers’ Compensation practice group at McCandlish Holton has reorganized after the departure of 2 of its 8 Richmond-based workers’ compensation attorneys. “McCandlish Holton’s team of 6 experienced workers’ compensation attorneys continues to represent employers, insurers and self-insureds throughout Virginia,” says Amanda Tapscott Belliveau, the new head of the McCandlish Holton Workers’ Compensation practice group. “Our team is energized and excited about this change, and we look forward to providing our clients with the same level of outstanding service and results that we have always provided.” Amanda’s team includes some of the most experienced and respected workers’ compensation attorneys in Virginia, including Lauren Hutcheson, Esther King, Emily Whittaker, Eva Roffis and Brian Frame

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No Medical Progress? Consider a Change in Treating Physician

By: Eva C. Roffis, Esq.

Often times 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.

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A Winter Wonderland of Slips, Trips, and Falls on Snow and Ice

By: Amanda Tapscott Belliveau, Esq.

amanda-belliveau.jpgThe 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.  

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The Street Risk Doctrine

By: Emily C. Whitaker, Esq.

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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.”

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McCandlish Holton's  Amanda Belliveau Spoke at Commonwealth Contractors Seminar

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.

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Explaining the Unexplained Accident

By: Brian M. Frame, Esq.

brian-frame.jpgHow often have you heard, “I don’t know why I fell?” Quite often, claimants will be unable to explain how the accident occurred but they will file for workers’ compensation benefits because the injury occurred at the workplace. These situations are known as unexplained accident claims and they can be difficult to navigate because the claimant has suffered an injury, which occurred in the course of her employment, but she can provide no explanation of how the accident occurred.

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