LexisNexis® Legal Newsroom
MI: ACLU Sues Wal-Mart on Behalf of Cancer Patient Fired for Legally Using Medical Marijuana

BATTLE CREEK, MI – The American Civil Liberties Union and ACLU of Michigan, in partnership with the law firm of Daniel W. Grow, PLLC, filed a lawsuit June 29 against Wal-Mart Stores, Inc. and the manager of its Battle Creek store for wrongfully firing an employee for using medicinal marijuana in...

Medical Marijuana Use Approved in Selected VA Hospitals

The Huffington Post reports that new guidelines from the Veteran Affairs Department will allow patients at Veterans Affairs hospitals and clinics to be treated with medical marijuana in the 14 states where the use of medical marijuana has been legalized.

MI: Court Upholds Provision That Employers and Insurers Do Not Pay For Medical Marijuana

A Michigan magistrate has ruled in a workers' compensation case that an employer and its insurance company are not required to pay for an employee's medical marijuana that had been approved by the employee's physician for pain relief after a workplace injury. Read more from the Grand Rapids...

“Off Label” Uses of Medical Products and Services

By Vernon Sumwalt, Esq. Under most workers’ compensation programs, coverage for medical treatment differs from the coverage afforded by other plans. For example, state workers’ compensation programs often cover “reasonable and necessary” medical expenses related to an injury...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative and...

Up in Smoke: Should Medical Marijuana Be Allowed in California’s Workers’ Compensation System?

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 still fundamentally an illegal drug. It is hard...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (1/28/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: IAIABC Posts 50 State Medical Marijuana Survey . NFL Sued by Former Football Player’s Family...

Understanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace

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 populations of employees that are introducing...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (5/28/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Physician Fee Schedules Work More for Evaluation/Management, Not Surgery . Physician Dispensed Share...

New Mexico: Appellate Court Says Employer Must Reimburse Injured Worker For Cost of Medical Marijuana

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 be required to reimburse an injured employee...

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use

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 may terminate an employee for the off-duty use of...

The Drug Law Evolution and The Workplace

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 law. Employers have traditionally relied on this...

2014 Workers’ Compensation Emerging Issues

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s inaugural edition, the 2014 Larson Series Workers’...

New Mexico: Court Approves Injured Worker’s Use of Medical Marijuana

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 to pay the cost of such “treatment” as...

California: Self-Procured Medical Marijuana

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant was entitled to reimbursement (as opposed...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

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 accepted medical use (at least according to the United...

National and State-by-State Workers' Comp News Powered by Larson's (5/26/2015)

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 Presents U.S. Macro Outlook . NCCI Symposium...

Workplace Policies on Medical Marijuana: Some Guidance on the Complex, Chameleon-like Legal and Medical Issues Involved

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. How risky would it be if your mailroom employees used medical marijuana at work? Would your...

Colorado Supreme Court Upholds Termination of Medical Marijuana-Smoking Dish Employee

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 adherence to state law governing medical marijuana...

New Mexico: Medical Marijuana Constituted Reasonable and Necessary Medical Care

In its third decision on the issue of requiring an employer and/or insurer to reimburse the injured worker for the cost of medical marijuana provided to an injured worker under New Mexico’s “Compassionate Use Act,” a state appellate court again found the order requiring reimbursement...

Thomas A. Robinson on Prescription Drugs and Workers’ Compensation

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, medical marijuana, physician dispensing, generic drugs...

Federal: Federal Court Oks Firing for Use of Medical Marijuana

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 New Mexico’s Compassionate Use Act (“CUA”...

Drugs or medical marijuana choice

Up In Smoke: Medical Marijuana – The Latest Research and How Will It Impact Injured Workers?

By Robert G. Rassp, Esq. Marijuana is used medicinally or recreationally once a year by at least 128 million people in the world since 2012 according to global epidemiology studies. Growing up in California means easy access to marijuana from elementary school through college and beyond. The “high”...