David R. McLean, Associate

Workers’ Compensation Defense, Civil Litigation, Insurance Defense and Employment Law
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Mr. McLean is a member of the Civil Litigation and Employment Law teams at Paul Frank + Collins, with a focus on workers’ compensation, Vermont Occupational Safety and Health (VOSHA) concerns, and construction law.

He regularly appears before the Department of Labor on behalf of employers and workers' compensation carriers defending them against complex, unwarranted or overly aggressive claims.

Mr. McLean has considerable experience appearing before administrative bodies in litigation claims. Many of these matters have resulted in settlements favorable to the client.

With respect to occupational safety and health, Mr. McLean routinely defends employers against VOSHA citations before the Vermont Occupational Safety and Health Review Board. He has been effective at negotiating settlements with VOSHA; on one occasion, convincing VOSHA to withdraw a citation. He advises several clients on all aspects of VOSHA compliance.

Additionally, Mr. McLean has defended complex Traumatic Brain Injury cases that resolved favorably for his clients.

Mr. McLean is a devoted husband and father of three vibrant daughters. He also enjoys renovating his family’s 1850 farmhouse in downtown Fletcher, Vermont.

EDUCATION:
University of Massachusetts at Amherst, B.S., (cum laude), 1989
Vermont Law School, (cum laude), 2000
Note Editor, Vermont Law Review
Chair, Thomas M. Debevoise Moot Court Advisory Board

PROFESSIONAL HONORS:
CV Rated by Martindale-Hubbell
Recipient of the Maximillian W. Kempner Award, 2000
Best Oralist Award in the Thomas M. Debevoise Moot Court Competition
American Jurisprudence Award in the Canadian Legal System
Leadership Champlain, 2006

BAR ADMISSIONS:
State of Vermont, 2000
U.S. District Court, State of Vermont, 2001

PROFESSIONAL ORGANIZATIONS
American Bar Association
Vermont Bar Association

INDUSTRY ORGANIZATIONS
Vermont Homebuilders and Remodelers Association

COMMUNITY INVOLVEMENT
Board of Directors, Sterling College, 2004 – Present
Chair, Town of Fletcher Planning Commission, 2004 - Present
Member, Town of Fletcher Development Review Board, 2006 - Present

Seminars

Mr. McLean regularly teaches seminars designed to help businesses better understand their liabilities and protect themselves against citations or litigation.  These seminars give business leaders and human resource managers additional tools to safeguard company interests and enhance bottom lines.

Seminars Mr. McLean has presented include:

Moving a Workers' Compensation Claim Through the Vermont Department of Labor
Hickock & Boardman and other PF+C clients—An overview of Vermont Workers’ Compensation administration, designed to verse human resource managers in the  procedural and substantive processes. 

Contracts and Legal Liabilities for Engineers
Lorman Education—A construction law seminar discussing the elements of a construction contract and the various types of contracts engineers and other professionals might enter. The seminar focused on the contracting process and the potential areas of liability engineers might face and included a discussion of the Association of American Architects form contracts.

HazCom: Overview and Related Issues
Associated Industries of Vermont—A presentation on developing a hazard communication program. Focusing on what a VOSHA compliance officer would look for in an inspection of an employer’s program, the presentation was designed to teach an employer how to effectively develop an independent hazard communication program to minimize the likelihood of a citation.

Managing Employee's Leave Under the Vermont Workers' Compensation and Federal FMLA
Associated Industries of Vermont—A presentation focused on the complexities of employee leave provisions.

Practical Tips in Handling Bodily Injury Claims for WC and CGL Policies 
Vermont Claims Association—A presentation on comparing workers’ compensation claims vs. personal injury claims from the perspective of an adjuster. The focus was on the issues adjusters need to be aware of in different types of claims, and issues that are common among most claims.