Workers' Compensation

Recent Posts

Minnesota: High Court Nixes Mandatory Reimbursement for Medical Marijuana Claims
Posted on 27 Dec 2021 by Thomas A. Robinson

The Supreme Court of Minnesota, in a split decision involving two companion cases, held the federal Controlled Substances Act, 21 U.S.C.S. §§ 801-971, preempts an order made pursuant to the state’s Workers’ Compensation Law requiring... Read More

New Jersey: High Court Says Employer May Have to Reimburse Employee for Medical Marijuana
Posted on 25 Apr 2021 by Thomas A. Robinson

Agreeing that an injured employee had sufficiently shown that medical marijuana represented reasonable and necessary medical treatment under New Jersey’s Workers’ Compensation Act, the Supreme Court of New Jersey affirmed a decision by a lower... Read More

New Hampshire: Requiring Reimbursement for Medical Marijuana is Not Aiding and Abetting Federal Crime
Posted on 11 Apr 2021 by Thomas A. Robinson

The Supreme Court of New Hampshire reversed—for a second time—a decision of the state’s Compensation Appeals Board that had found workers’ compensation carriers for New Hampshire employers could not be required to reimburse an... Read More

New York: Court Approves Treatment Variance for Medical Marijuana
Posted on 7 Mar 2021 by Thomas A. Robinson

In a case of first impression, a New York appellate court affirmed an order entered by the state’s Workers’ Compensation Board allowing a medical treatment variance in the form of medical marijuana for an injured worker who suffered from continuing... Read More

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

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