In August of 2020 Puerto Rico became the first U.S. Territory or State to establish a cause of action dealing with bullying in the workplace. The Puerto Rico Department of Labor issued its sample guidelines for employer compliance on February 3, 2021. Although this act applies only to Puerto Rico it provides an example of protocols for use by employers everywhere.
We have received questions from clients regarding the possibility of subrogation claims against the manufacturers of COVID-19 vaccines. The short answer is no. The reasons are interesting. The end result of injuries or claims by employees required to be vaccinated will likely fall on the workers’ compensation system.
What Is the Difference Between Third-Party Credit and Subrogation in the California Workers’ Compensation System?
Davil Vasquez offers a primer for understanding the distinction between the right to subrogation recovery and the right to third-party credit. He provides examples of California Labor Code § 3861 in action.
Bullying is a worldwide problem and the most recent guidance comes from Ireland. Their new 54 page Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work is valuable for any employer seeking clarification on what constitutes bullying and how to deal with it.
Whether it involves derogatory comments, relentless intimidation or outright threats, bullying has no place in society or the workplace. However, each year large numbers of workers’ compensation claims, sexual harassment and discrimination lawsuits are brought against employers in all jurisdictions. The hidden costs of this are staggering.
Adelson McLean welcomes Elizabeth Elizabeth Sutlian-Mardikian to the team.
Our General Counsel, Jeff Adelson, is part of a great panel discussion today at WorkCompCentral’s Comp Laude event. Registration for this event is free. All details can be found at https://www.complaude.com/.
Today, the Centers for Disease Control and Prevention (CDC) issued new guidance expanding the pool of people considered at risk of contracting the novel coronavirus by changing the definition of who is a “close contact” of an infected individual.
Following the Executive Order of May 6, 2020 allowing any COVID-19 related illness of an employee to be presumed industrially compensable, on September 17, 2020, Governor Newsom approved two bills that specifically address the COVID-19 crisis. This post provides details of each law and our thoughts.
Here are the latest updates from the Workers’ Compensation Appeals Board (WCAB). Starting September 14, 2020, the WCAB will resume holding Lien Trials, which have been postponed since the start of the COVID-19 pandemic crisis. Lien Trials will be limited to just one per judge per day.