Virginia Workers’ Compensation Legislative Alert: New Legislation Takes Effect July 1, 2024

By: Lauren E. HutchesonWorkers' Compensation

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Time to Reexamine the Status of Your Independent Contractors

Department of Labor issues new, six-factor test for independent contractor classification.

By: Samantha S. OteroBusiness Law Practice Group

On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule that provides guidance on whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule will take effect on March 11, 2024.

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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.

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


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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).

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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. 

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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

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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:

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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.

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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’’: 

Tier 1 - Richmond Metropolitan Area

Tier 2 - Richmond Metropolitan Area

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