Tag: Medical Marijuana
Proposed Cannabis Bill A3511 Raises Serious Legal Issues
NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A3511, which would force every workers’ compensation, PIP and health insurance carrier writing insurance in New Jersey to provide coverage for medical cannabis. This legislation overreaches into the contractual bargaining between consumers and insurance companies and will no doubt drive premium costs higher. […]
This Month’s Two Key Developments On Jurisdiction Of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana
We are two weeks into April, and already the New Jersey Supreme Court has considered two extremely significant issues for workers’ compensation practitioners, employers and carriers. The first decision was announced on April 1, 2021 when the Supreme Court decided not to take certification in the matter of Anesthesia Assocs. of Morristown, PA v. Weinstein […]
Proposed Bill to Require Carriers to Pay for Costs of Medical Marijuana Passes Committee While the New Jersey Supreme Court is Scheduled to Hear Oral Arguments on the Issue
The New Jersey Assembly Appropriations Committee passed A1708 on October 26, 2020, setting the stage for an eventual full Assembly vote on an important piece of legislation concerning the obligation of workers’ compensation carriers and automobile insurers to pay for costs of medical marijuana. Strangely enough, this Bill is being advanced at the same time […]
New Jersey Supreme Court Permits Plaintiff To Proceed With His LAD Law Suit Alleging He Was Wrongfully Terminated For Legal Use of Marijuana Under The Compassionate Use Act
Justin Wild, a licensed funeral director, was diagnosed in 2015 with cancer and was prescribed marijuana under the New Jersey Compassionate Use Medical Marijuana Act. In May 2016 Wild was working a funeral when his vehicle was struck by another vehicle that ran a stop sign. Wild advised a treating doctor at the hospital that […]
Appellate Division Holds New Jersey Employer Must Reimburse Injured Worker for Cost of Medical Marijuana
This week the New Jersey Appellate Division decided Hager v. M&K Construction, A-0102-18T3 (App. Div. January 13, 2020). The issues of whether an employer must reimburse an injured worker for the costs of medical marijuana and whether such a court order would violate federal law have been the source of much controversy in the Division. […]
Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing
Daniel Cotto worked as a forklift operator at Ardagh Glass in Bridgeton, N.J. On November 1, 2016, Cotto hit his head on the roof of a forklift at work. He was advised to see Premier Orthopedics in Vineland, N.J. for a medical examination, and a Premier Orthopedics doctor placed Cotto on light duty work with […]
New Jersey Judge of Compensation Orders Employer To Pay Costs Of Medical Marijuana Program And Costs Of Filling Prescriptions
On December 15, 2016, a decision following trial in New Jersey was handed down on the question of whether medical marijuana can be ordered under workers’ compensation. Petitioner Andrew Watson worked for 84 Lumber and was injured on November 6, 2008. He received an award of one third of partial total in 2012 apportioned 50% […]
Court in New Mexico Orders Employer to Reimburse Injured Worker for Costs of Medical Marijuana
The State of New Mexico has a Compassionate Care Act, which provides for medical marijuana when a patient is certified for the program by his or her health care provider. In the case of Vialpando v. Ben’s Auto. Servs., 2014 N.M. App. LEXIS 50 (N.M. Ct. App. May 19, 2014), the New Mexico Court of […]
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