News & Publications

By: Eva C. Roffis, Esq.

Often, 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.

Allen & Rocks, Inc. v. Briggs, 28 Va. App. 662, 675, 508 S.E.2d 335, 341 (1998).  It is also worth noting that the party seeking the change in treating physician bears the burden of establishing that a change is warranted. Apple Constr. Corp. v. Sexton, 44 Va. App. 458, 461, 605 S.E.2d 351, 352 (2004). 

A successful change in treating physician application brought by the employer and carrier is illustrated in the case of Hite v. Dupont Cmty. Credit Union, JCN 2251240, 2016 VA Wrk. Comp. LEXIS 49 (Jan. 27, 2016). In this case, the claimant had been treating with her treating physician for almost ten years. The defendants filed an application seeking a change in treating physician on the ground that the claimant had not significantly improved or

By: Amanda Tapscott Belliveau, Esq.

The 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.  

By: Worker's Compensation Practice Group

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.”

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.

How 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.

On September 27, 2017 our Workers' Compensation Practice Group hosted the 16th Annual Workers' Compensation Seminar at The Westin Richmond. This year's event was our most successful ever, with more than 300 adjusters, nurse case managers, risk managers, and employers in attendance.

By: Esther King, Esq.

With the cost of medical treatment ever on the rise, it is imperative that Claimants cooperate with the recommended medical care to optimize results, minimize the likelihood of repeat procedures, restore their health, and enable them to return to the workforce.

August 25, 2017— A bill introduced in the U.S. House of Representatives, Claims Licensing Advancement for Interstate Matters Act or CLAIM Act. (H. R. 3363) would provide for uniformity in licensing requirements and reciprocity across states that license claims adjusters. The bill was introduced on July 24, 2017 by Rep. David Kustoff, [R-TN] and has been referred to the Committee on Financial Services. 

McCandlish Holton is thrilled to announce our 16th Annual Workers' Compensation Seminar! The seminar has become 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, nurse case managers, and brokers. The event will take place September 27, 2017 at The Westin Richmond.

Employers need to keep in mind that, while tempting, mandatory post-accident drug/alcohol testing is no longer permitted.  Effective August, 2016, new OSHA reporting rules require employers to establish a reasonable procedure for employees to report workplace accidents and injuries – free from intimidation or retaliation.