Showing posts with label Cannabis. Show all posts
Showing posts with label Cannabis. Show all posts
Monday, February 22, 2021
Cannabis Legislation Enacted in NJ
Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.
Saturday, October 24, 2020
NJ Cannabis Bill Advances Mandating Workers’ Compensation Coverage
The NJ Assembly will hold a hearing on October 26, 2020 at 10:30am on legislation A1706 that will mandate workers’ compensation carriers to cover coverage for the medical use of cannabis in certain circumstances.
Sunday, February 23, 2020
NJ Cannabis Legal Protections Advance for Workers’ Compensation Medical Treatment
The NJ Assembly Financial Institutions and Insurance Committee reported favorably and with committee amendments Assembly Bill No. 377. As amended, this bill creates certain protections for insurers and insurance producers engaging in the business of insurance in connection with cannabis-related businesses.
Friday, March 25, 2011
Grizzly Bear Attack Does Not Deter Benefits Even Though Employee Was Using Marjuana
The Montana Supreme Court ordered the Uninsured Fund to pay workers' compensation benefits to an employee who was mauled by an grizzly bear even, though the worker was under the influence of marijuana at the time of the accident.
The Court held that the marjuana was not a major contributing cause of the employee's injuries.
"Non-prescription drug consumption will preclude an injured employee’s benefits if consumption was the leading cause contributing to the result, when compared to all othersSection 39-71-407(4), and -407(13), MCA. No evidence was presented regarding Hopkins’ level of impairment. The WCC [Workers' Compensation Court] aptly noted, “Hopkins’ use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most.” However, the WCC further noted that grizzlies are “equal opportunity maulers,” without regard to marijuana consumption. Without evidence of Hopkins’ level of impairment, the WCC correctly concluded that marijuana was not the major contributing cause of Hopkins’ injuries."
The majority of states permit the payment of workers' compensation benefits where the use was not the sole cause of the accident. Usually Uninsured Funds are able to obtain reimbursement directly for the employer who failed to carry workers' compensation benefits.
The Court held that the marjuana was not a major contributing cause of the employee's injuries.
"Non-prescription drug consumption will preclude an injured employee’s benefits if consumption was the leading cause contributing to the result, when compared to all othersSection 39-71-407(4), and -407(13), MCA. No evidence was presented regarding Hopkins’ level of impairment. The WCC [Workers' Compensation Court] aptly noted, “Hopkins’ use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most.” However, the WCC further noted that grizzlies are “equal opportunity maulers,” without regard to marijuana consumption. Without evidence of Hopkins’ level of impairment, the WCC correctly concluded that marijuana was not the major contributing cause of Hopkins’ injuries."
The majority of states permit the payment of workers' compensation benefits where the use was not the sole cause of the accident. Usually Uninsured Funds are able to obtain reimbursement directly for the employer who failed to carry workers' compensation benefits.
Hopkins v. Uninsured Employers Fund, et al., Docket 2011 MT 49 (MT 2011) Decided March 22, 2011
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