Tag Archives: preemption

Maine Employer Need Not Pay for Injured Worker’s Medical Marijuana

In a case of first impression within the state, the Supreme Judicial Court of Maine, in a 5-2 decision, Bourgoin v. Twin Rivers Paper Co., LLC, 28 ME 77 (June 14, 2018), held that an employer may not be required … Continue reading

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Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?

Recent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is the employer’s establishment of an employee benefit plan (“EBP”) that … Continue reading

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Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity

by Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co., 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it … Continue reading

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