In yet another effort to adapt California law to the current pandemic, on May 6, 2020 California Governor Newsom signed Executive Order N-62-20 (the “Order”). As it pertains to workers’ compensation benefits, the Order provides that any COVID-19 related illness of an employee shall be presumed to arise out of and in the course of … Continue Reading
Now that the calendar has turned to 2016, this is a good time for employers in California to ensure that they are up to speed on the new laws that took effect on January 1. Here are some of the highlights. SB 358 (Gender Wage Differential) Existing law already prohibits employers from paying women less … Continue Reading
Like most states, Utah’s Worker’s Compensation statute prohibits an employee from recovering disability compensation when “the major contributing cause of the employee’s injury” is the employee’s unauthorized use of alcohol or a controlled substance. See Utah Code Ann. § 34A-2-302(3)(b). If any amount of a controlled substance or its metabolites is found in an injured employee’s system … Continue Reading
This morning, in SAIF Corp. v. Sprague, the Oregon Supreme Court upheld the workers’ compensation claim of an employee who sought coverage for gastric bypass surgery, on the grounds that the surgery was necessary to treat a decades-old on-the-job knee injury. Sprague injured his knee on the job in 1976, filed a workers’ comp claim, and sought … Continue Reading
In SAIF Corp. v. Sprague, the Oregon Court of Appeals ruled earlier this week that an obese employee’s gastric bypass surgery was coverd by workers’ compensation. For the full opinion, click here. The employee in Sprague suffered an on-the-job knee injury in in 1976. He weighed 225 pounds at the time of the injury. The … Continue Reading
As part of a plea agreement reached earlier this month, Jerry and James Schram, co-owners of a Vancouver, Washington construction company, will serve 30 days of jail time and perform community service. Their crime? Hiding information in an attempt to reduce their workers’ compensation premiums. In addition, the Schrams also pleaded guilty to misdemeanors for … Continue Reading
