Tag: marijuana

Oct 20, 2022

NM Court Limits Cannabis Reimbursement to Amount Set in Fee Schedule

In an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full reimbursement of...

NM Court Limits Cannabis Reimbursement to Amount Set in Fee Schedule NM Court Limits Cannabis Reimbursement to Amount Set in Fee Schedule
Jun 28, 2022

Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident

The Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for...

Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident
Oct 18, 2021

MN Supreme Court Says No to Mandatory Reimbursement for Medical Marijuana

In two companion decisions, a divided Supreme Court of Minnesota held that the state’s Workers’ Compensation Court of Appeals (WCCA) lacks jurisdiction to decide whether federal law preempts Minnesota law...

MN Supreme Court Says No to Mandatory Reimbursement for Medical Marijuana MN Supreme Court Says No to Mandatory Reimbursement for Medical Marijuana
Apr 14, 2021

NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana

Yesterday, the Supreme Court of New Jersey, in Hager v. M&K Construction, 2021 N.J. LEXIS 332 (April 13, 2021), affirmed a decision of the state’s Appellate Division that earlier had...

NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana NJ Supreme Court Agrees Employer May Be Required to Reimburse for Medical Marijuana
Apr 12, 2021

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing

For some time now, in many states, when a worker has sustained a work-related injury requiring treatment at an emergency department or hospital, he or she typically has had two...

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing
Mar 4, 2021

NH High Court Sends Medical Marijuana Case Back to Board for Second Time

In a well-written opinion that should be earmarked by law students (and attorneys) who desire a relatively concise discussion of federal preemption law, the Supreme Court of New Hampshire has,...

NH High Court Sends Medical Marijuana Case Back to Board for Second Time NH High Court Sends Medical Marijuana Case Back to Board for Second Time
Mar 1, 2021

NY Court Says “Yes” to Medical Marijuana

A New York appellate court has affirmed a decision by the state’s Workers’ Compensation Board that allowed a variance to the state treatment guidelines for workers’ compensation claims and which...

NY Court Says “Yes” to Medical Marijuana NY Court Says “Yes” to Medical Marijuana
Oct 28, 2020

Massachusetts High Court Says Comp Insurer Need Not Pay for Medical Marijuana

Yesterday, in a decision that is certain to draw attention in a host of other jurisdictions, the Supreme Judicial Court of Massachusetts, quoting Larson’s Workers’ Compensation Law, held a workers’...

Massachusetts High Court Says Comp Insurer Need Not Pay for Medical Marijuana Massachusetts High Court Says Comp Insurer Need Not Pay for Medical Marijuana
Sep 2, 2020

Kansas Widow Rebuts Presumption of Marijuana Intoxication

Affirming a decision of a split panel of the state’s Court of Appeals, the Supreme Court of Kansas sustained an award of death benefits to the widow of a worker...

Kansas Widow Rebuts Presumption of Marijuana Intoxication Kansas Widow Rebuts Presumption of Marijuana Intoxication