An employee licensed to use medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act may proceed with a the New Jersey Law Against Discrimination (LAD) action ageist his employer for unlawful termination.
Showing posts sorted by date for query marijuana. Sort by relevance Show all posts
Showing posts sorted by date for query marijuana. Sort by relevance Show all posts
Wednesday, April 10, 2019
Tuesday, April 9, 2019
US FDA Moves to Further Regulate Marijuana Products
US Food and Drug Administration [FDA] announced a public hearing to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.
Friday, July 13, 2018
New Jersey workers' compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana
Today's post is shared from http://nj1015.com
"A New Jersey worker's compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana, saying that the federally banned weed is safer than prescription painkillers.
"A New Jersey worker's compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana, saying that the federally banned weed is safer than prescription painkillers.
Thursday, March 29, 2018
NJ Expands Access to Medical Marijuana to Include Common Work-Related Conditions
Governor Phil Murphy announced major reforms to New Jersey’s Medicinal Marijuana Program. The permitted medical conditions now include many common work-related medical conditions.
Thursday, January 25, 2018
NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy
NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.
Thursday, June 15, 2017
Medical Marijuana Providers Maybe be Federally Prosecuted
Tuesday, June 16, 2015
Colorado Supreme Court Rules Medical Marijuana Unlawful Employment Activity
The Colorado supreme court held that under the plain language of section 24-34-402.5,
14 C.R.S. (2014), Colorado’s “lawful activities statute,” the term “lawful” refers only to those activities that are lawful under both state and federal law.
Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute. We therefore affirm 18 the court of appeals’ opinion.
Coats v. Dish Network—Labor and Employment- Protected Activities
Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute. We therefore affirm 18 the court of appeals’ opinion.
Coats v. Dish Network—Labor and Employment- Protected Activities
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
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.
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 |
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.
Sunday, January 11, 2015
High Compensation Medical Costs Raises Concern in New Hampshire
Medical costs now constitute a huge percentage of every workers' compensation claim. A recent editorial published in New Hampshire asserts that soaring and unequal medical costs have broken the workers' compensation system. Today's post is shared from concordmonitor.com/
Lawmakers should make 2014 the last year that doctors and other health care providers are guaranteed payment no matter how much they charge when a worker is injured on the job. The workers’ compensation system is broken.
The state, and the employers who pay into its workers’ compensation fund, have been paying two and three times the going rate for medical services when the patient is a workers’ compensation recipient. On average, surgeons charge 156 percent more, according to a report by the state’s Department of Insurance. Bills for radiology are 107 percent higher, 95 percent higher for occupational therapy and for something as simple as an ice pack, 300 percent more.
The extra paperwork required to document workers’ compensation cases and perhaps the added severity of the average injury, probably explains some of the price difference. But, human nature being what it is, it’s likely that, when the bill has to be paid no matter what the provider charges, the temptation to pad it can be irresistible, especially when providers can rationalize the surcharge by using it to offset underpayments in areas such as Medicare or Medicaid.
Lawmakers should make 2014 the last year that doctors and other health care providers are guaranteed payment no matter how much they charge when a worker is injured on the job. The workers’ compensation system is broken.
The state, and the employers who pay into its workers’ compensation fund, have been paying two and three times the going rate for medical services when the patient is a workers’ compensation recipient. On average, surgeons charge 156 percent more, according to a report by the state’s Department of Insurance. Bills for radiology are 107 percent higher, 95 percent higher for occupational therapy and for something as simple as an ice pack, 300 percent more.
The extra paperwork required to document workers’ compensation cases and perhaps the added severity of the average injury, probably explains some of the price difference. But, human nature being what it is, it’s likely that, when the bill has to be paid no matter what the provider charges, the temptation to pad it can be irresistible, especially when providers can rationalize the surcharge by using it to offset underpayments in areas such as Medicare or Medicaid.
Saturday, January 10, 2015
New Drugs to Treat Hearing Loss and Ear Disorders
A multitude of workers have occupational hearing losses induced by either sudden trauma or prolonged occupational exposures to loud noise. Some workers have hearing losses associated with age and fail to address the issue and create a potential safety concern in the workplace. In the past many have gone undetected and/or treated.
Workers' Compensation insurance provides for benefits for hearing losses and disorders associated with both traumatic (sudden) and occupational (exposure to loud noise) hearing losses occurring in the workplace. The insurance also allows workers to obtain hearing aids, treatment and medication(s).
Many of these conditions are not diagnosed or treated at an early stage for lack of attention. This is changing because of recent changes in medical delivery associated with the Affordable Care Act and Medicare. The new laws will afford millions a new opportunity to be diagnosed and treated.
Recent developments in pharmaceutical medicine may allow for restoration of hearing losses as well elimination of associated tinnitus, commonly known as ringing in the ears. Today's post is shared from nytimes.com/
Workers' Compensation insurance provides for benefits for hearing losses and disorders associated with both traumatic (sudden) and occupational (exposure to loud noise) hearing losses occurring in the workplace. The insurance also allows workers to obtain hearing aids, treatment and medication(s).
Many of these conditions are not diagnosed or treated at an early stage for lack of attention. This is changing because of recent changes in medical delivery associated with the Affordable Care Act and Medicare. The new laws will afford millions a new opportunity to be diagnosed and treated.
Recent developments in pharmaceutical medicine may allow for restoration of hearing losses as well elimination of associated tinnitus, commonly known as ringing in the ears. Today's post is shared from nytimes.com/
Friday, January 9, 2015
Florida medical marijuana and the 2016 Election Cycle
The medical marijuana initiative may have a major effect n the future of not only the nation'a presidential outcome but also of the fate of workers' compensation in the State of Florida. As goes Florida in the 2016 election cycle so probably will the nation, because of the mechanics of the National count of electoral college votes.
The medical marijuana ballot question lost last off-year cycle because the liberal turnout was so low. The initiative could spur more voters to the poles and impact not only the Florida presidential count but also the local and state candidates.
Ironically, a large voter turnout will result in the election of more liberals into office in Florida will ultimately liberalize the state leadership and its present negative thoughts on benefits. The upcoming election may ultimately impact the pending judicial cases involving the constitutionality of Florida's workers' compensation act.
Today's post is shared from reuters.com/
| TALLAHASSEE, Fla. (Reuters) - The push to legalize medical marijuana in Florida continues with a two-pronged campaign, supporters said on Friday, sharing plans to mount another ballot drive in 2016 as a way to pressure state lawmakers to consider legislation permitting prescription pot. A constitutional amendment to legalize medical marijuana in Florida last year fell just short of the 60 percent approval needed to pass in the state. Morgan, who spent about $4 million on his United for Care campaign last year, said he has revised the ballot language to... |
Read more about medical marijuana and workers' compensation:
Workers' Compensation: Florida: Legalizing Marijuana Fails ...
Nov 05, 2014
Copyright. (c) 2014 Jon L Gelman, All Rights Reserved. Wednesday, November 5, 2014. Florida: Legalizing Marijuana Fails to Pass. Amendment 2. Amend Constitution to legalize medical marijuana? ANSWER, VOTES, PCT.
http://workers-compensation.blogspot.com/
For Marijuana, a Second Wave of Votes to Legalize
Oct 29, 2014
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 ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Marijuana and Workers' Comp
Sep 08, 2014
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use. Not only are states approving the ...
http://workers-compensation.blogspot.com/
Court Rules Workers Comp Must Cover Medical Marijuana
Sep 22, 2014
"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program.
http://workers-compensation.blogspot.com/
Saturday, December 27, 2014
Fracking: NY State Report Reveals Significant Health Uncertainties
regarding the relative contributions of positive and negative impacts of HVHF* on public
health is unlikely to ever be attained. In this instance, however, the overall weight of the
evidence from the cumulative body of information contained in this Public Health
Review demonstrates that there are significant uncertainties about the kinds of adverse
health outcomes that may be associated with HVHF, the likelihood of the occurrence of
adverse health outcomes, and the effectiveness of some of the mitigation measures in
reducing or preventing environmental impacts which could adversely affect public
health. Until the science provides sufficient information to determine the level of risk to
public health from HVHF to all New Yorkers and whether the risks can be adequately
managed, DOH recommends that HVHF should not proceed in New York State."
*high volume hydraulic fracturing
Click here to read the entire report.
Thursday, December 18, 2014
Pharmacy Executives Face Murder Charges in Meningitis Deaths
| Today's post is shared from nytimes.com/ Two senior executives of a Massachusetts compounding pharmacy were charged Wednesday with racketeering and murder in the production of tainted drugs that killed 64 people and sickened hundreds of others across the country with fungal meningitis in the fall of 2012. The United States attorney’s office here charged Barry J. Cadden, an owner of New England Compounding Center Inc. and the head pharmacist, and Glenn A. Chin, a supervisory pharmacist, with 25 acts of second-degree murder in seven states — Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia. “Senior N.E.C.C. pharmacists knew that, despite the filthy conditions at N.E.C.C., the drugs that they made were not property tested for sterility,” said Carmen Ortiz, the United States attorney for Massachusetts. In all, 14 people were charged in a 131-count indictment, many of them pharmacists at the company, which is now closed. The charges include mail fraud, conspiracy and violation of the Food, Drug and Cosmetic Act. Most were taken into custody at their homes early Wednesday, officials said.  Among those accused were members of the Conigliaro family of Massachusetts — Gregory, Douglas and Carla. The family founded the company in 1998 as part of a broader business organization that included a recycling firm. Carla and Douglas Conigliaro, a husband and wife, were accused of transferring $33 million in assets to eight different bank accounts after the... |
Read more about meningitis and workers' compensation
Workers' Compensation: Unintended Consequences ...
Oct 22, 2012
Workers' Compensation benefits generally are payable when a condition arises out of the employment including the consequences of medical treatment. Injured workers' who have suffered meningitis as a result of the ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Fungal Meningitis: One Year After ...
Oct 29, 2013
The clinical paper, focusing on the early stages of the outbreak, describes patients who experienced a wide variety of illnesses, including meningitis, stroke, arachnoiditis (inflammation of one of the membranes around the ...
http://workers-compensation.blogspot.com/
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... |
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 ...
Friday, December 12, 2014
Spending Deal Pushes Some Health Issues Into Next Year
| 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... |
Monday, December 8, 2014
Energy Firms in Secretive Alliance With Attorneys General
 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... |
Wednesday, November 5, 2014
Wednesday, October 29, 2014
For Marijuana, a Second Wave of Votes to Legalize
 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... |
Monday, October 27, 2014
National Trends and Developments in Workers' Compensation
This brief looks at trends and developments in state workers' compensation systems across the nation over the last 25 years, identifying at least seven that undermine workers' human rights to health and work with dignity. The brief calls for immediate action to end the roll back on injured and ill workers' rights and advocates for broad systemic change based on human rights notions. Workers' comp is one of several systems created through public policy to offer social protection and health care to some people in certain scenarios, which, together, are failing to guarantee everyone access to health care and income support when they need it. It is ultimately the government's responsibility to guarantee and enable all people to enforce their rights to universal health care and a basic income.
Downloads:
Workers Comp Trends and Developments October 2014.pdf
- See more at: http://www.nesri.org/resources/national-trends-and-developments-in-workers-compensation#sthash.nNJrsF3v.dpuf
Downloads:
Workers Comp Trends and Developments October 2014.pdf- See more at: http://www.nesri.org/resources/national-trends-and-developments-in-workers-compensation#sthash.nNJrsF3v.dpuf
Friday, October 3, 2014
Trenton NJ council approves sleeping employee’s $19K workers’ comp claim
 Still frame from a video showing a Trenton city employee asleep in a running backhoe.Still frame from a video showing a Trenton city employee asleep in a running backhoe. Today's post is shared from http://washingtonexaminer.com/ TRENTON......City officials did not even question publicly the workers’ comp claim of an employee caught sleeping on camera while on the job. Charles Nottingham, a Trenton Water Works employee caught earlier this year snoozing in a video posted to YouTube while operating a backhoe, received the unanimous blessing of council to receive a workers’ comp settlement of $19,000. “The complaint arose from allegations made by the plaintiff of work related injuries as it purportedly relates to his employment,” the resolution states, adding it is in the best interest of the city to settle the 2012 case. Advertisement The video posted in March, which has since been removed, showed Nottingham sound asleep in a running backhoe with his hands clasped over his stomach at a work site. After the video surfaced, city officials stated they were investigating the matter. Citing it is a personnel matter, Michael Walker, a spokesman for the mayor’s office, declined comment this week about the workers’ comp claim. Nottingham is still an employee with Trenton Water Works. He earned a salary of $57,213 last year, according to online records. His claim is not the first from that department to garner attention. In January,... |
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