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Showing posts sorted by relevance for query marijuana. Sort by date Show all posts
Showing posts sorted by relevance for query marijuana. Sort by date Show all posts

Wednesday, October 29, 2014

For Marijuana, a Second Wave of Votes to Legalize

Today's post was shared by The New York Times and comes from www.nytimes.com


KEIZER, Ore. — Two years after voters in Colorado and Washington State broke the ice as the first states to legalize sales of recreational marijuana to adults, residents of Oregon, Alaska and Washington, D.C., will vote next week on ballot measures patterned on those of the two pioneers. People on both sides of the issue say these initiatives could determine whether there will be a national tide of legalization.
A changing political landscape has weakened anti-marijuana efforts. As the libertarian movement in the Republican Party has gained force, with leaders like Senator Rand Paul, Republican of Kentucky, supporting decriminalization of marijuana and others going even further, an anchor of the conservative opposition to legalization has eroded.
And Democrats have found that supporting legalization — once an invitation to be labeled soft on crime — no longer carries the risk it once did, as public discussion of prison overcrowding and law enforcement budgets has reframed the issue.



National groups that have long advocated legalization have provided labor and money, along with help from a legal marijuana industry that did not exist in 2012. The old antidrug coalition has struggled to find traction and money. Supporters of legalization have outdone opponents’ fund-raising here in Oregon by more than 25 to 1, and in Alaska by about 9 to 1.
“The support coalition is definitely broader, and the opposition has splintered,” said Corey Cook, an...
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Tuesday, July 29, 2014

Medical pot covered by workers' comp, says appeals court

If undefined by statute, workers' compensation provides for an almost limitless delivery of medical benefits. What ever "cures and/or relieves" is authorized and is paid for by the employer/insurance carrier. Today's post is shared from hr.blr.com
The New Mexico Court of Appeals recently ruled that an employer must pay for an injured worker's medical marijuana. This appears to be the nation's first appellate court ruling in a workers' compensation case in which an employer has been ordered to pay for medical marijuana prescribed by an employee's healthcare provider to treat a workplace injury.
George Vialpando injured his back in a workplace accident in 2000 while he was employed by Ben's Automotive Services in Santa Fe. For years, he was unable to find pain relief through conventional drugs and treatment. His physician said Vialpando had "some of the most extremely high intensity, frequency and duration of pain, out of all of the thousands of patients I've treated within my seven years practicing medicine."
In 2013, Vialpando was certified by his healthcare providers to participate in the New Mexico medical marijuana program. The program, authorized by the Lynn and Erin Compassionate Use Act, permits an individual to purchase marijuana after receiving certification from a medical practitioner licensed in New Mexico that states he has a debilitating medical condition and the potential health benefits of the medical use of cannabis would likely outweigh the health...
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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.

Hopkins v. Uninsured Employers Fund, et al., Docket 2011 MT 49 (MT 2011) Decided March 22, 2011

Thursday, July 18, 2019

NJ Supreme Court to Review Workplace Medical Marijuana Discrimination Case

The NJ Supreme Court has accepted for review a case where discrimination was alleged against an employer for failure to extend an accommodation to an employee who was using medical marijuana. The case had been dismissed by the trial court and that decision was reversed by the NJ Appellate Division in March of 2019.

Thursday, June 15, 2017

Medical Marijuana Providers Maybe be Federally Prosecuted

Medical marijuana use may be heading to a new challenge for medical providers in workers' compensation case. Even though some States have authorized regulation and approval of dispensing medical marijuana, a Federal law allowing the practice is up for Congressional review.

Wednesday, November 5, 2014

Florida: Legalizing Marijuana Fails to Pass

Amendment 2

Amend Constitution to legalize medical marijuana?
ANSWERVOTESPCT.
No2,472,540 42.4%
Yes3,355,435 57.6
100% reporting

Friday, December 12, 2014

Spending Deal Pushes Some Health Issues Into Next Year

Today's post was shared by Kaiser Health News and comes from kaiserhealthnews.org

The $1.1 trillion spending bill released Tuesday evening expands funding for international health efforts on AIDS and for fighting Ebola both at home and abroad. But it would bring little change to other domestic health care concerns. In addition, the Medicare “doc fix” got rolled into next year.
The New York Times: Congressional Leaders Reach Deal On Spending
The spending bill is geared toward combating threats from afar, with roughly $5.4 billion in emergency funds to fight Ebola in West Africa, nearly $74 billion for wars and other overseas operations, and more than half of the overall package going to military spending. ... The final deal amounted to what one Democratic aide called a “split decision” likely to leave both sides unhappy. For instance, the bill would nullify the District of Columbia’s referendum to legalize marijuana, but it would allow Washington to decriminalize the drug, meaning possession of small amounts would no longer be punished. ... Democrats fought off Republican efforts to scuttle Michelle Obama’s rules on nutritional content of school lunches, but Republicans secured flexibility on the use of whole grains. (Parker and Weisman, 12/9)
The Washington Post: Deal Reached On $1.01 Trillion Spending Bill
At 1,603 pages, the bill includes at least $1.2 billion for agencies to deal with the influx of unaccompanied immigrant children who crossed the U.S.-Mexico border. There’s also money to fight the rise of...
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Monday, October 14, 2013

When your symptoms don't tell the whole story

Today's post was shared by RWJF PublicHealth and comes from www.marketplace.org


Instead of asking you to talk about the pain in your foot, or the ache in your chest, health care workers are starting to ask you about...your story.

There’s an emerging idea in health care that social and psychological conditions -- like poverty and chronic stress -- change how your body and brain work, and that can have damaging long-term effects on your health.

Doctors and nurses from northern California to Camden, N.J., are beginning to see that the first step in treating these patients is often treating the part of the illness that’s not on the surface. Patients like 30-year-old Elizabeth Philkill.

Wednesday, June 20, 2012

Federal Pre-emption Of Pain Drugs

Senator Joe Manchin III
As state workers' compensation reformers continue to be sidetracked with alleged prescription drug pain-killer abuse, the US Congress has entered the fray with proposed Federal legislation. It has been reported today by Robert Pear in the NY Times today, that, "Senator Joe Manchin III, a West Virginia Democrat who led the push for new controls, said it appeared that his proposal was falling victim to the financial interests of drugstores and related businesses."

It is anticipated that following the US Supreme Court decision on the pending health care legislation, prescription drugs will again gain Federal legislative attention. The issue of dispensing, costs and abuse, and legalization of medical marijuana,  will receive attention and may pre-empt state activities.

Monday, February 7, 2022

Order: Workers' Compensation Law 2022 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law can now be ordered from Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.

Thursday, December 18, 2014

Citing Health Risks, Cuomo Bans Fracking in New York State



Today's post is shared from nytimes.com/

Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas.
Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it.
Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ”
In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.


For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious...
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Read more about fracking and workers' compensation
Workers' Compensation: People near 'fracking' wells report ...
Sep 13, 2014
People living near natural-gas wells were more than twice as likely to report upper-respiratory and skin problems than those farther away, says a major study Wednesday on the potential health effects of fracking. Nearly two of ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Big Oil's New Pitch: Fracking ...
Jul 29, 2014
The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Fracking: Are elevated levels of ...
Sep 16, 2014
Fracking: Are elevated levels of hydrocarbon gases in drinking-water aquifers near gas wells natural or anthropogenic? Today's post is shared from pnas.org/ Hydrocarbon production from unconventional sources is growing ...
http://workers-compensation.blogspot.com/
Jury awards Texas family nearly $3 million in fracking case
Apr 26, 2014
In a landmark legal victory that centered on fracking, a middle-class north Texas ranching family won nearly $3 million from a big natural gas company whose drilling, they contend, caused years of sickness, killed pets and ...

Monday, December 8, 2014

Energy Firms in Secretive Alliance With Attorneys General

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com



The letter to the Environmental Protection Agency from Attorney General Scott Pruitt of Oklahoma carried a blunt accusation: Federal regulators were grossly overestimating the amount of air pollution caused by energy companies drilling new natural gas wells in his state.
But Mr. Pruitt left out one critical point. The three-page letter was written by lawyers for Devon Energy, one of Oklahoma’s biggest oil and gas companies, and was delivered to him by Devon’s chief of lobbying.
“Outstanding!” William F. Whitsitt, who at the time directed government relations at the company, said in a note to Mr. Pruitt’s office. The attorney general’s staff had taken Devon’s draft, copied it onto state government stationery with only a few word changes, and sent it to Washington with the attorney general’s signature. “The timing of the letter is great, given our meeting this Friday with both E.P.A. and the White House.”
Mr. Whitsitt then added, “Please pass along Devon’s thanks to Attorney General Pruitt.”
The email exchange from October 2011, obtained through an open-records request, offers a hint of the unprecedented, secretive alliance that Mr. Pruitt and other Republican attorneys general have formed with some of the nation’s top energy producers to push back against the Obama regulatory agenda, an investigation by The New York Times has found.
Attorneys general in at least a dozen states are working with...
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Friday, February 12, 2021

Just Published - Workers' Compensation Law 2021 COVID-19 Update

Jon Gelman’s* newly revised and the updated treatise on Workers’ Compensation Law has been published by Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law. Updated annually for over 35 years, this body of work provides practical tips, objective analysis, and academic support for the workers' compensation community.

Monday, February 17, 2014

Toni Atkins prepares for Assembly speakership

Today's post was shared by CAAA and comes from capitolweekly.net

For Toni Atkins, a coal miner’s daughter and the first in her family to graduate from college, the road from Virginia coal country to San Diego to Speaker of the state Assembly has been long and winding.
Atkins, a San Diego Democrat who said she can “really appreciate the depths and the breadth of the people who live in California,” was chosen the next speaker in a closed-door caucus of Democrats, who control the 80-member Assembly with a supermajority. She currently serves as the Assembly’s majority leader.
She will succeed Speaker John Pérez, a former L.A.-area labor activist, who is termed out this year and is running for state controller. Atkins, like Pérez, is openly gay, although her sexual orientation has drawn relatively little notice in the Capitol.
Pérez served as Atkins’ mentor, she said.
“I feel really fortunate the speaker has given me the opportunity to be both the Majority Whip and the Majority Leader,” Atkins said.
She’ll be leading the lower house despite concerns – at least in the north state – that an old tradition over equitable leadership distribution between Northern and Southern California.
“For 40 years there has been an unspoken — and unbroken — rule that Southern California splits leadership of the Legislature with the Bay Area and greater Northern California. This year, Southern California leaders could seize complete control of the...
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Thursday, June 23, 2022

"Unmasking COVID" in 2022, Where Are We Now?

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response discuss strategies to contain the spread of the Omicron variant and stay safe.

Sunday, February 8, 2015

An Update on Florida's Constitutional Challenges to Workers' Copensation

Recent litigation in Florida has raised much interest in some very high profile constitutional challenges to the workers' compensation system. In a recent blog post, David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings provides an analysis of recent developments. Today's post is shared from http://flojcc.blogspot.com/

A Florida Constitutional Update

It happened again yesterday. An observer from several hundred miles away wrote to me about what has become known as "Padgett." Padgett has a lot of names, officially it isFlorida Workers Advocates v. Florida, but much of the country seemingly just calls it "that constitutionality case down in
David Langham is the Deputy Chief
Judge of Compensation Claims for the Florida Office
 of Judges of Compensation Claims
 and Division of Administrative Hearings
Miami."

There is much happening in Florida workers' compensation right now. I hear a fair amount about it from around the country. Before D-day, Dwight Eisenhower told his troops "the eyes of the world are upon you." This is not of that magnitude, but it is apparent that the eyes of the workers' compensation world are upon Florida.

This spring may bring distractions. There is the legislative proposal on drug and alcohol in New Mexico accidents. There is the discussion of an "Oklahoma Opt-Out" in Tennessee's legislative agenda. There are drug formulary proposals, treatment guideline proposals,Marijuana questions, and even immigration issues. One has no trouble finding "hot topics" in workers' compensation this year.

But, the inquiries keep coming on Padgett/Florida Workers' Advocates v. Florida. It is Florida Circuit Court decision out of Miami. Many people I run into across the country do not appreciate the magnitude of Miami. Nineteen and a half million people live in Florida, we are the third most populous state behind California and Texas. Over two and half million of those Floridians live in Dade County, in which Miami is located. Dade county is more populous than fifteen of the United States.

In Florida, our general jurisdiction trial courts are called Circuit Courts. There are twenty Circuits, most containing multiple counties. But Dade is the only county in the Eleventh Circuit. Other single county Circuits include Hillsborough/Tampa, Palm Beach/West Palm Beach, Broward/Ft. Lauderdale, and Monroe/the Florida Keys.

Thursday, June 23, 2022

California Supreme Court Agrees to Review COVID Take Home Liability Case

The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

Wednesday, January 11, 2012

Court Reporter's Brain Aneurysm Held Compensable

A court reporter who suffered and survived, with catastrophic disability, was awarded workers' compensation benefits by the NY SupremeCourt - Appellate Division as a result of stressful employment.

"On August 10, 2007, claimant, a court reporter, was found unconscious at her workplace and rushed to a local hospital, where she was diagnosed with a subarachnoid hemorrhage caused by a ruptured basilar artery aneurysm. Although claimant survived, she apparently remains unable to communicate. A workers' compensation claim subsequently was filed on her behalf, and the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) controverted the claim, asserting that the ruptured aneurysm was not related to claimant's employment. Following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) found that the employer did not overcome the presumption of compensability set forth in Workers' Compensation Law § 21(1). "

The Court relied upon the statutory presumption language.

"Pursuant to Workers' Compensation Law § 21(1), a presumption of compensability exists where, as here, an unwitnessed or unexplained injury occurs during the course of the affected worker's employment (see Matter of Brown v. Clifton Recycling, 1 AD3d 735, 735 [2003] ). “The employer may overcome the presumption by presenting substantial evidence to the contrary” (Matter of Steadman v. Albany County, 84 AD3d 1649, 1650 [2011] [internal quotation marks and citations omitted] )."

Read the full decision: In Re: The Claim of Vanessa Richman (Decided January 5, 2012)

.....

Wednesday, March 30, 2011

Drugs, Alcohol and Mauling Bears


Guest Blog by Thomas M. Domer 

I’ve received dozens of emails and phone calls from friends and colleagues railing on the Montana court ruling granting workers’ comp benefits to a man high on pot when a grizzly mauled him at a nature park. “How ridiculous, how unfair!” rings the common theme from almost every caller. 


In response, I remind folks that the court said grizzlies are ”equal opportunity maulers”, and no proof existed that the man provoked the attack because he was high. I also remind everyone that workers’ comp is a no-fault insurance system, where concepts like “fairness” are all very relative. 

Many states, including Wisconsin, hold that if an injury results from intoxication (by alcohol or drugs) benefits are not denied, but reduced (usually by 15%) as an employee safety violation, but intoxication is not evidence of a deviation if the employee is otherwise in the course of employment. The much-heralded “Frozen Fingers” case in Wisconsin confirmed that rule, where a salesman was so drunk he couldn’t open his own door, passed out and has his frostbitten fingers amputated. Benefits were awarded, but reduced by 15%.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.