Headshot of workers’ compensation attorney Joseph T. McNally, Jr. of law firm McCandlish Holton in Richmond, Virginia.

Joseph T. McNally, Jr., Associate

JMcNally@lawmh.com    |    Joe's VCard

P: (804) 775-3857
F: (804) 775-7291

Practice Areas

Workers' Compensation

Represents employers and insurance carriers in the defense of workers’ compensation claims.

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Education

  • University of Richmond School of Law J.D., 2017
  • Long Island University, M.F.A., 2011
  • University of Nebraska, B.A., 2008

Admissions

  • Virginia

Joe is an Associate in the Workers' Compensation Practice Group. His practice is focused on representing employers and carriers defending workers’ compensation claims in Virginia. Prior to joining McCandlish Holton, Joe represented injured workers before the Workers’ Compensation Commission, informing his experience with all sides of matters.

Joe earned his J.D. at the University of Richmond School of Law, where he was, twice, a CALI award winner in Agency and Partnership Law and in Selected Topics in Virginia Law. Additionally, Joe served on the Pro Bono Housing Law Program, educating tenants on their rights regarding housing dispute claims against landlords, and represented minors in delinquency and immigration matters through the Children’s Defense Clinic.

Prior to obtaining his law degree Joe was an instructor of photography and digital art at The Knox School in St. James, New York, as well as, Suffolk County Community College in Brentwood, New York.

Recent Outcomes:

  • Obtained favorable settlement in matter with claimant alleging injuries to his head, brain, neck, back, right and left upper extremities, and right lower extremity after investigation exposed the claimant’s likely willful breach of the employer’s relevant safety rules and duties required by statute, as well as material misrepresentations made during the job application process.
  • Successfully defended claim by machine operator alleging injuries to his left wrist, left upper extremity, right hand, and back, as well as a concussion, bilateral hearing loss, and tinnitus on grounds the defendants’ evidence persuasively established the claimant’s accident did not occur as alleged, including a finding that the claimant failed to be a credible witness.
  • Obtained partial reversal in matter on review before the Commission regarding the extent of awarded injuries to a claimant’s right upper extremity after successfully arguing the injuries were limited to solely the shoulder area and not the entire arm as awarded.
  • Successfully defended separate claims for two dates of accident alleged by electrician apprentice against the same employer for injuries to his left and right lower extremities on grounds the claimant failed to provide notice of either accident pursuant to Va. Code § 65.2-600, without reasonable excuse and to the detriment of the employer.
  • Received favorable outcome in matter involving a compensable claim after establishing the claimant’s alleged continuing treatment was no longer causally related to his work accident.
  • Successfully defended claim by a truck driver alleging neck injury/whiplash and headaches on grounds that the claimant’s injuries were the result of non-compensable repetitive and cumulative trauma.
  • Obtained favorable settlement after investigation exposed the claimant’s fraudulent behavior and failure to report a return to work and increase in earnings while under an open wage loss award.

RECOGNITIONS

  • CALI Award winner, Agency Law & Partnership Law
  • CALI Award winner, selected topics in Virginia Law

PROFESSIONAL & COMMUNITY INVOLVEMENT

  • Virginia Bar Association
  • Richmond Bar Association
  • Virginia Workers’ Compensation American Inn of Court