An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held an injured worker had failed to rebut the presumption that his work-related injury was “substantially...
Arkansas Worker Fails to Rebut Presumption After Positive Drug Test Arkansas Worker Fails to Rebut Presumption After Positive Drug TestStressing that an Arkansas appellate court must defer to the state Commission’s findings of credibility and its resolution of conflicting evidence, even though it is the administrative law judge —...
Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana Use Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana UseIn a case of first impression, earlier today (January 13, 2020), the Appellate Division of the Superior Court of New Jersey affirmed an order of a state workers’ compensation judge...
NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical MarijuanaAt about this time each year, I highlight what I think are the ten most important workers’ compensation decisions reported during the calendar year. In some respects, 2019 has been...
Top 10 Workers’ Compensation Cases of 2019 Top 10 Workers’ Compensation Cases of 2019In the first appellate decision from New York to deal with the intersection of the state’s medical marijuana law with its Workers’ Compensation Law, a state appellate court recently held...
NY Court Hints that Employer Might be Required to Pay for Medical Marijuana NY Court Hints that Employer Might be Required to Pay for Medical MarijuanaPost-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...
Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity DefenseOpinion 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...
NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort ofRules 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...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleAs 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...
Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace PoliciesAn 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...
New Mexico Employer Need Not Accommodate Medical Marijuana Use New Mexico Employer Need Not Accommodate Medical Marijuana UseAn 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,...
Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After Injury Ohio Court Again Says TTD Benefits Unaffected by Pre-Injury Drug Use Undetected Until After InjuryEarlier 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...
Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana