Workers' Compensation

Recent Posts

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

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

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

Up in Smoke: Should Medical Marijuana Be Allowed in California’s Workers’ Compensation System?
Posted on 12 Nov 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

The use of medically prescribed marijuana has been a controversial issue in California for many years. It is interesting that the issue does not come up more often in the workers’ compensation context. It may not come up more because marijuana is... Read More

New Mexico: Appellate Court Says Employer Must Reimburse Injured Worker For Cost of Medical Marijuana
Posted on 23 May 2014 by Larson's Spotlight

In spite of the fact that the Controlled Substances Act (CSA), 21 U.S.C. § 811, does not distinguish between recreational and medical use of marijuana—both violate the law—a New Mexico appellate court has held that an employer may nevertheless... Read More

The Drug Law Evolution and The Workplace
Posted on 14 Aug 2014 by Roger Rabb

The proverbial sky could fall soon for drug testing and drug policies Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal... Read More

Colorado Supreme Court Upholds Termination of Medical Marijuana-Smoking Dish Employee
Posted on 17 Jun 2015 by Albert B. Randall Jr.

June 15, 2015 No. 13SC394, Coats v. Dish Network In a highly anticipated decision, the Supreme Court of Colorado unanimously held this week that an employer may justifiably terminate an employee for his off-duty conduct, despite the employee’s... Read More

New Mexico: Court Approves Injured Worker’s Use of Medical Marijuana
Posted on 23 Jan 2015 by Larson's Spotlight

Where an injured worker who had sustained work-related back injuries unsuccessfully sought “conventional” treatment for pain and discomfort and subsequently turned to the use of medical marijuana, the employer and insurer could be required... Read More

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use
Posted on 24 Jul 2014 by Roger Rabb

How Will the Colorado Supreme Court Decide Coats v. Dish Network? In a case being closely watched nationwide, the Colorado Supreme Court will address for the first time an important issue for employers and employees in the state: whether an employer... Read More

Thomas A. Robinson on Prescription Drugs and Workers’ Compensation
Posted on 24 Jul 2015 by Robin E. Kobayashi

Last week LexisNexis published an Emerging Issues Analysis article on prescription drugs and workers’ compensation written by Thomas A. Robinson, the co-author of Larson’s Workers’ Compensation Law . The article examines opioid use,... Read More

Federal: Federal Court Oks Firing for Use of Medical Marijuana
Posted on 15 Jan 2016 by Larson's Spotlight

In a case of first impression in the District of New Mexico, a federal district court held that an employer was under no obligation to accommodate an employee’s use of medical marijuana, even where the drug had been supplied to the employee under... Read More

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness
Posted on 24 Apr 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently... Read More