Issue Commentary: PA’s Commonwealth Court Parses Words to Require Employer/Carrier to Pay for Medical Marijuana

Medical Marijuana Within the Context of Workers’ Compensation Claims

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In an unpublished opinion, the Court of Appeals of New Mexico affirmed a decision by a state workers’ compensation judge that denied an injured worker’s request for full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

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...

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...

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...

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,...

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...

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’...

NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana

In 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...

NY Court Hints that Employer Might be Required to Pay for Medical Marijuana

In 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...

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...