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
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
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
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
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
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 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
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
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
NCCI Symposium Reports First Responder Bills Top List of 2015 Legislation . NCCI Symposium: Dr. Victor Shares Insights on Physician Dispensing . NCCI Symposium: CWCI Shares Insights on Calif. Medical Dispute Resolution . NCCI Symposium: Moody’s... Read More
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
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
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
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