Special Employment and Union Workers
A blog post by Sure Log, June 2022 When an employer lends an employee to another employer and both have the right to exercise certain powers of control over the worker, a “special employment” relationship arises. The employee can be held to have two employers — the original “general employer” and the second “special employer.” […]
SCOTUS Rules Arbitration Agreements Can Waive PAGA Claims
A blog post by Gregory B. Wilbur, June 2022 In a highly-anticipated opinion released yesterday, Viking River Cruises, Inc. v. Moriana, the Supreme Court of the United States ruled that arbitration agreements between employers and employees can both send an employee’s claims under the Private Attorneys General Act, or PAGA, to binding private arbitration and prevent […]
Settling Cumulative Trauma Claims with Multiple Defendents
A blog post by Sure Log, June 2022 Pursuant to Labor Code 550Â 0.5(a), liability for a cumulative trauma injury is limited to employers who employed the worker during the one-year period immediately preceding the date of injury (LC 5412), or the last date of injurious exposure, whichever occurs first. Multiple employers or insurers can be […]
Employee Training – A Critical Part of On-Boarding
Industry trends, compliance requirements, and in-demand skills are constantly evolving. Postponing employees’ professional development means putting your company’s future success at risk. Current data shows that employees value learning and development opportunities, and are more likely to stay at companies that invest in their continued education. Organizations that invest in training opportunities report significantly higher […]
July 1st is Coming – Are You Compliant?
Now is the time to think about your compliance requirements. But getting your hours doesn’t have to be a headache. IEA offers “on-demand” training options designed to suit YOUR schedule and your training budget. On-Demand means you can jump on-board anytime 24/7 and move through your program at your own pace in plenty of time for your […]
A Brief History on 420 and Workers’ Compensation
What is “420” and What’s it Got to Do with Workers’ Compensation? Dating back to the early 1970s, use of the term “420” in relation to Marijuana use is said to have started with a group of Northern California high school kids. To rally their like-minded classmates, they used the term “420” as a stealth […]
DWC Announces In-Person Trials Starting March 21, 2022
Urgent Report On March 9, 2022, the Division of Workers’ Compensation (DWC) announced that in-person hearings will resume starting March 21, 2022, at almost all of the DWC district offices. The only exceptions are Eureka, which is now a completely virtual office, and satellite locations Bishop, Marysville, Chico and Ukiah, which also will remain virtual. The in-person hearings apply only to […]
CMS Warns Against Using ‘Non-Submit’ and ‘Evidence-Based’ Medicare Set-Asides
The Centers for Medicare & Medicaid Services (CMS) has updated its Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide (Reference Guide). The latest version, Version 3.5, was published Jan. 10, 2022. The Reference Guide was updated to clarify the use of non-CMS-approved products to address future medical care.
How to Navigate Electronic Service
Special Report Effective Jan. 1, 2022, the Workers’ Compensation Appeals Board (WCAB) amended its Rules of Practice and Procedure to permit electronic service, including via email. That represents a huge change for the practitioner. This article addresses questions we’ve encountered since the amendment. The New Rules The new rules are available on the DWC website. They […]
California Supplemental Sick Leave Extended
January 26th, 2022 Eric De Wames, Managing Partner Employment Law Division, Michael Sullivan & Associates, LLP. On Tuesday a deal was struck between Gov. Newsom and California lawmakers to provide a new Supplemental Sick Leave similar to the one that expired on September 30. Although not yet in final form, here are the components we […]
