News & Analysis as of

Marijuana Workers' Compensation Claim

Bricker Graydon LLP

[Event] Marijuana in the Workplace - March 20th, West Chester Township, OH

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How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more

Mitratech Holdings, Inc

[Webinar] Managing Your Drug and Alcohol Program: Putting Policies & Practices Into Place - August 22nd, 2:00 pm ET

Over the last few years, the drug testing landscape in the workplace has changed drastically. With the legalization of marijuana in some states and the decriminalization of drugs in others, it can be challenging to build a...more

Parker Poe Adams & Bernstein LLP

Does Reasonable Suspicion Marijuana Testing Make Sense for Employers?

As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

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What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more

Miller Nash LLP

Employer Alert: Asthma in the Cannabis Workplace

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Under state and federal occupational safety laws, employers have a general duty to provide a safe and healthy workplace. That duty includes taking reasonable steps to keep it free of any recognized hazards that might hurt or...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Marijuana Compliance in New Jersey and Pennsylvania for Employers and Workers' Compensation Carriers - September 21st,...

Both employers and workers' compensation carriers have many questions around the legal implications of marijuana in the workplace. On Wednesday, September 21, Weber Gallagher attorneys John Kutner and Preeya Bansal will...more

McGlinchey Stafford

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

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Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more

Weber Gallagher Simpson Stapleton Fires &...

United States Supreme Court Seeks Opinion of the Government in Dispute Over Whether Workers’ Compensation Should Pay for an...

On Tuesday, February 22, 2022, the United States Supreme Court requested the Solicitor General submit an amicus brief on the issue of whether a workers’ compensation carrier paying for the cost of an injured workers’ medical...more

Troutman Pepper

“Aid” or “Aiding and Abetting?” Medical Marijuana and Federal Preemption in Minnesota

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On October 13, the Supreme Court of Minnesota barred an employee from getting reimbursed for medical marijuana treatment for a work-related injury. Although the employee was entitled to reimbursement from her employer under...more

Troutman Pepper

New Jersey: Medical Marijuana Costs Reimbursable in Workers’ Compensation Scenario

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Q: Is medical marijuana an expense reimbursable by the employer?...more

Jackson Lewis P.C.

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

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The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Supreme Court Rules Workers’ Compensation Carrier Must Pay For Injured Worker’s Medical Marijuana

The New Jersey Supreme Court ruled on Tuesday, April 13, 2021, that M&K Construction must reimburse an employee, Vincent Hager, for the cost of his medical marijuana in his workers’ compensation case, upholding the lower...more

Saul Ewing LLP

Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement

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On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

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On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

White and Williams LLP

New Jersey Employers Must Pay for Pot

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In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more

Genova Burns LLC

NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana

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On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more

K&L Gates LLP

In the Weeds: Medical Marijuana Protections Continue to Expand in New Jersey

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Continuing on a recent trend in New Jersey, employees who use medical marijuana received another layer of protection thanks to an Appellate Division ruling. ...more

Roetzel & Andress

N.J. Court Requires Reimbursement For Marijuana Use As Part Of Workers’ Compensation Case

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In Hager v. M & K Construction, A-0102-18T3 (N.J. App. Div. January 13, 2020) the New Jersey Appellate Division ruled that an employer was required to reimburse its former employee for his marijuana use as part of his...more

Cozen O'Connor

NJ Court of Appeals OKs Reimbursement of Employee Medical Marijuana Costs

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In a case of first impression, a New Jersey Appellate Division panel ruled on Monday, January 13, 2020, that an employee’s costs to use medical marijuana to treat his chronic pain caused by an on-the-job injury can legally be...more

McAfee & Taft

Injured employee testing positive for marijuana awarded workers’ compensation benefits

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With Oklahoma’s new medical marijuana laws, employers will be facing more workplace questions involving marijuana. A recent Oklahoma Court of Civil Appeals decision awarding workers’ compensation benefits to an injured...more

Jackson Lewis P.C.

Oklahoma Court Holds That Positive Marijuana Drug Test Did Not Prove That Marijuana Caused Accident

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An Oklahoma state court held that a positive post-accident drug test for marijuana did not prove that marijuana use caused the accident, and therefore the claimant was eligible for workers’ compensation benefits. Rose v....more

Chartwell Law

Are Maryland workers’ compensation carriers liable for payment of medical marijuana?

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While marijuana has been around for many centuries, only now is it being used as legalized medicine in the United States. Can it be claimed as medicinal for the purposes of workers’ compensation in Maryland? The answer is...more

Chartwell Law

[Event] Medical Marijuana And Other Burning Issues In Pa Workers' Compensation - May 15th, Sewickley, PA

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The Chartwell Law workers’ compensation team is comprised of highly experienced attorneys representing the interests of employers and insurers in all areas of workers’ compensation matters. Join us as we present: Medical...more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

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Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Littler

10 Considerations for Planning the 2016 Office Holiday Party

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The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit...more

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