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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Maine (16)

Tuesday
Jun262018

PODCAST UPDATE: Maine Supreme Court Rules in Medical Marijuana Workers’ Compensation Case

This time last year, Verrill Dana Labor & Employment Attorney Elizabeth Connellan Smith discussed the anticipated decision in the Bourgoin v. Twin Rivers Paper Company, LLC case and appeal in an episode of Verrill Voices entitled, Medical Marijuana: Is it reasonable and necessary?. Among the first cases to address medical marijuana within the Maine Workers’ Compensation system, the case would provide clarity about whether or not workers’ compensation insurers will be compelled to compensate for medicinal marijuana expenses incurred by injured workers.

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Thursday
May102018

Understanding Your Sexual Harassment Training Duties

Multiple states (and some cities) have sexual harassment requirements for certain employers.  Currently California, Connecticut, and Maine have training requirements in place and New York’s training requirement will take effect later this year.  Even if your state does not, however, require training, best practices would be to institute yearly sexual harassment training for all employees.

If you’re currently completing in house training without the use of an outside entity, or counsel, consider updating your current practices to include multiple formats of training—video, written material, quizzes, etc.  There are a multitude of publically available resources including this video, “The Coworker” produced by David Schwimmer, which can operate to start a dialogue as to what sexual harassment looks like and what aspects of the behavior—individually and collectively—is improper. [Trigger warning: this video does include examples of sexual harassment which may be disturbing to viewers.] 

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Friday
Mar232018

NCCI Maine Advisory Forum 2018

On Thursday, March 22, 2018, Attorney Beth Smith attended the morning session of the National Council of Compensation Insurance (NCCI) State Advisory Forum for Maine, held in Portland, Maine.  Justin Moulton and Jim Davis hosted on behalf of NCCI, and there were roughly thirty attendees.

The session opened with a short video featuring Bill Donnell, President and CEO of NCCI, where he introduced the “word” for 2018: Adapting.  Mr. Donnell explained that change is coming to the national workers’ compensation industry and to survive, stakeholders in the industry are going to have to adapt.  He emphasized the growing impact of automation and the gig-economy on workers’ compensation, and the link between employers’ need to adapt to remain competitive and the industry’s need to adapt to keep up with technology in support of the Grand Bargain.  All of these points are relevant in Maine.

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Thursday
Dec142017

The "Weinstein Effect" and Workers' Comp: When Sexual Harassment or Assault is a Work-Related Injury

Anyone who is even half-paying attention to the news has been reminded that, despite years of open discussion and training around the issue of appropriate behavior in the workplace, some things just haven’t changed.  There are still predators, idiots and bores among us.  As the season for office holiday parties is upon us, it occurs to the author that there are those in the audience who may not realize that a sexual harassment claim could be the foundation of a workers’ compensation injury claim. And so, here I am to enlighten or scare you, depending on your perspective.  You’re welcome.

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Wednesday
Jun212017

Medical Marijuana: Is it reasonable and necessary?

Verrill Dana Labor & Employment attorney Beth Smith discusses the anticipated decision in Bourgoin v. Twin Rivers Paper Company that should provide some clarity about whether or not workers' compensation insurers will be compelled to compensate for medicinal marijuana expenses incurred by injured workers. Stream the podcast online here or listen below. 

 

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Tuesday
May022017

Breaking News on Medical Marijuana in Maine Workers' Compensation

We have just learned that the State of Maine Supreme Judicial Court, sitting as the Law Court, has accepted Bourgoin v. Twin Rivers Paper Co., L.L.C., and Decision No. 16-26, one of a pair of Administrative Law Judge decisions addressing medical marijuana that the Appellate Division affirmed last summer.  The Law Court will examine the question of whether the Administrative Law Judge erred by compelling reimbursement for medical marijuana as reasonable and necessary under the Workers’ Compensation Act, despite the fact that marijuana remains a Schedule I drug under federal law.

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