Tag Archives: marijuana

Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense

Post-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate measures in implementing the company’s substance abuse policy—an Ohio appellate … Continue reading

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NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of

Opinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals Board decision that had refused to require a workers’ compensation … Continue reading

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Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible

Rules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may be admitted if it is sufficiently reliable, a divided Kansas … Continue reading

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Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies

As most of us are aware, OSHA’s final rule regarding, inter alia, anti-retaliation protections within the workplace was published May 12, 2016. Technically effective on August 10, 2016, OSHA delayed enforcement to December 1, 2016. Under the new rule, OSHA … Continue reading

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New Mexico Employer Need Not Accommodate Medical Marijuana Use

An employer need not accommodate a New Mexico employee’s use of medical marijuana, even when that use is sanctioned under the state’s Compassionate Use Act (“CUA”), held a federal district court judge recently in Garcia v. Tractor Supply Co., 2016 … Continue reading

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Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After Injury

An Ohio appellate court has again concluded that the doctrine of voluntary abandonment does not bar an injured worker’s entitlement to TTD compensation in a case involving a pre-injury infraction—here, marijuana use—undetected until after injury, where there was no showing … Continue reading

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Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana

Earlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s “lawful activities statute,” the term “lawful” refers only to those … Continue reading

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New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker

An authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent of a prescription, held the Court of Appeals of New … Continue reading

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Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury

Reiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude temporary total disability benefits, a state appellate court granted an … Continue reading

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New Mexico Court Orders Employer to Reimburse Worker For Medical Marijuana

In what appears to be a case of first impression for any state appellate court, a New Mexico appellate court, in Vialpando v. Ben’s Automotive Servs., 2014 N.M. App. LEXIS 50 (May 19, 2014), has held that an employer may … Continue reading

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