Workers' Compensation

Recent Posts

Massachusetts: Insurer Need Not Reimburse Injured Worker for Medical Marijuana
Posted on 21 Nov 2020 by Thomas A. Robinson

The Supreme Judicial Court of Massachusetts held a workers' compensation insurer need not reimburse an injured employee for the costs of medical marijuana in spite of the fact that the worker was evaluated for, and was issued, a certification to enroll... Read More

Kansas: Worker's Surviving Spouse Successfully Rebuts Marijuana Presumption
Posted on 18 Sep 2020 by Thomas A. Robinson

The Supreme Court of Kansas agreed that the widow of a worker who sustained fatal injuries in a fall at work rebutted the presumption of intoxication afforded the employer where two drug tests showed the presence of marijuana in the worker's system... Read More

Arkansas: Employee Fails to Overcome Presumption of Impairment Following Positive Drug Test
Posted on 2 Feb 2020 by Thomas A. Robinson

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that a worker who suffered a partial traumatic amputation of a finger as she tried to dislodge material from a jammed cutting machine, and who... Read More

New Jersey: Court Affirms Order Requiring Employer to Reimburse Employee for Medical Marijuana Costs
Posted on 30 Jan 2020 by Thomas A. Robinson

The Appellate Division of the Superior Court of New Jersey, in a case of first impression, affirmed a workers’ compensation judge’s finding that an employer was required to reimburse its employee for the employee’s use of medical marijuana... Read More

New York: Court Issues First Opinion Re: Medical Marijuana
Posted on 24 Oct 2019 by Thomas A. Robinson

Signaling that at least in some cases, an employer and/or workers’ compensation carrier might be required to reimburse an injured worker for the cost of medical marijuana provided under New York’s version of the Compassionate Care Act, a state... Read More

Ohio: Employer Not Liable For Failure to Implement Substance Abuse Policy
Posted on 22 Mar 2019 by Thomas A. Robinson

A widow’s wrongful death action filed against her deceased husband’s employer for its failure to implement and maintain a substance abuse policy is barred by the exclusive remedy provisions of the Ohio Workers’ Compensation Act, held... Read More

New Hampshire: High Court Hints that Carriers Might Have to Pay for Medical Marijuana
Posted on 22 Mar 2019 by Thomas A. Robinson

In a decision that cast some light on the issue of medical marijuana use by workers’ compensation claimants in New Hampshire, but which did not answer all pertinent questions definitively, the state’s Supreme Court held that the Appeals Board... Read More

Kansas: Marijuana Test Results Should Have Been Admitted into Evidence
Posted on 21 Feb 2019 by Thomas A. Robinson

Reiterating that in Kansas, because of multiple concerns, the rules of evidence do not apply to workers’ compensation hearings, a Kansas appellate court held the state’s Workers’ Compensation Board should not have excluded the results... Read More

Understanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace
Posted on 13 Apr 2013 by John Stahl

By John Stahl, Esq. The legal implications of decriminalizing limited marijuana-related activity in some states extend beyond basic challenges such as amending zoning laws to accommodate medical marijuana dispensaries. The associated increasingly large... Read More

Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication
Posted on 21 Sep 2012 by John Stahl

By John Stahl, Esq. Whether proof that a workers’ compensation claimant ingested marijuana or another illegal substance within a relevant period before sustaining otherwise compensable harm justified denying workers’ compensation benefits... Read More

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment
Posted on 20 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Texas: Truck Driver’s Estate Fails to Rebut Marijuana Intoxication Presumption
Posted on 24 Jul 2015 by Larson's Spotlight

A Texas appellate court affirmed a trial court’s decision that a truck driver’s death in a vehicular accident did not arise out of and in the course of the employment where an autopsy report revealed the presence of THC, the active ingredient... Read More