News & Analysis as of

Workplace Injury Medical Marijuana

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,...more

Jackson Lewis P.C.

U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

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A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9%...more

Seyfarth Shaw LLP

Pennsylvania Court Holds that It Is “High Time” Employers Reimburse Employees Who Use Medical Marijuana to Treat Work Related...

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On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more

Marshall Dennehey

What’s Hot in Workers’ Comp – Special PA Alert

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Teresa Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire & Rubber (WCAB); No. 680 C. D. 2021; filed March 17, 2023; by Judge Covey AND Edward Appel v. GWC Warranty Corp. (WCAB); 824 C.D. 2021; filed March...more

Bradley Arant Boult Cummings LLP

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...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

White and Williams LLP

[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

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Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

White and Williams LLP

UPDATE: New Jersey Employers Must Pay for Pot

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n January 2020, we reported on a groundbreaking New Jersey Superior Court decision. On April 13, 2021, the New Jersey Supreme Court affirmed the Superior Court’s decision in Hager v. M&K Construction that required New Jersey...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q1 2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Jackson Lewis P.C.

Delaware Court Upholds Denial Of Workers’ Compensation Benefits For Medical Marijuana Costs

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The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is...more

Seyfarth Shaw LLP

Rhode Island Court Upholds Termination of Medical Marijuana User for Refusing a Reasonable Suspicion Drug Test

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Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...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

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

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...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

Jackson Lewis P.C.

New Jersey Court Orders Employer To Reimburse Worker For Medical Marijuana Expenses In Workers’ Compensation Case

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In a case of first impression, the New Jersey Appellate Division held that it was appropriate for a workers’ compensation judge to order an employer to reimburse its employee for his medical marijuana expenses as part of his...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Manufacturing Storm Clouds (the Refrain)

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

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Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...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

Snell & Wilmer

Construction Industry Update Regarding Marijuana: Arizona and Nevada Laws Continue to Evolve

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Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...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

Snell & Wilmer

Let’s Get Out of the Weeds; Understanding Arizona’s Medical Marijuana Laws

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Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more

Constangy, Brooks, Smith & Prophete, LLP

Drug Testing Quiz!

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more

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