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Vol. 4, Issue 15

Find Solutions & Strategies                               April 15, 2013

CannibisUnderstanding "Legal Impairment"
  
Legalized marijuana in the workplace
 
In This Issue
-LEGALIZED MARIJUANA IN THE WORKPLACE
-LARSON SPOTLIGHT: Going and Coming Rule, Suicide, Causation, Disqualification for Benefits
-BLOGS: Fraud, Mesothelioma, Going and Coming
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
 A Note From the Editor
Robin Kobayashi 2010 
Dear Work Comp Community:

 

To sign up for this free weekly eNewsletter, click here. To read past issues, access the archives.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
marijuana in the workplace

Stahl, JohnUnderstanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace, by John Stahl, Esq. The legal implications of decriminalizing limited marijuana-related activity in some states extend beyond basic challenges such as amending zoning laws to accommodate medical marijuana dispensaries. The associated increasingly large populations of employees that are introducing the impact of marijuana into the workplace require reasonable laws and employment policies in response to that once completely forbidden practice. Read more.

larson's on going and coming rule

Tom Robinson thumbnailGoing and Coming Rule as Tool, Not a Substantive Doctrine, by Thomas A. Robinson, JD. Citing Larson's Workers' Compensation Law and observing that the "going and coming" rule, and the various exceptions thereto, are not substantive doctrines mandated by the Workers' Compensation Act, but rather analytic tools, worked out by the courts over time, the Supreme Court of Delaware recently affirmed the denial of a petition for workers' compensation benefits filed by a home health aide who sustained injuries in an automobile accident following the completion of her services at a client's home. Read more about this case and other cases on suicide, causation, and disqualification of benefits.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter: Disabled Ohio Truck Drivers Who Thought They Could Keep on Trucking.  Read it and other news items.

 

     

    

 

CassandraDust in the Wind...and a Denial of Benefits in This Delaware Mesothelioma Case, by Cassandra Roberts, Esq. Read it.

  

 

 

 

Cassandra

On the Road Again...DE Supreme Court Comments on a "Veritable Potpourri of Exceptions to the 'Going and Coming' Rule", by Cassandra Roberts, Esq. Read it. 

national news
State news

AK: WCB to Hold Hearing May 3 re Medical Treatment Billing and Fees.

AZ: Governor Signs SB 1148 Workers Comp Reciprocity.

CA: WCIRB Releases Year End December 2012 Insurer Experience.

CA: CalChamber Targets SB 626 (SB 863 Do Over), AB 1138 (Penalties) as Job Killers.

CA: Willis Group Says Some Calif. Employers Should Brace for 20 Percent Rate Hike.

DE: Task Force Considers Total Disability for Workers Performing Light Duty.

FL: NCCI Estimates Westphal Decision Could Raise WC Costs by $65M.

FL: Fla. Appeals Court Agrees to Rehear Westphal Case.

KS: DWC Proposes Revocation of Claim Data Collection Rule.

LA: OWC Clarifies Injured Worker's Choice of Physician Without Prior Approval.

ME: Portland Chamber Opposes LD 443, Claims Bill Rolls Back 1992 Reforms.

MD: WCC Reviewing and Evaluating Changes to UEF Claims, Open Meetings.

MN: WC Advisory Council Posts Business/Labor Agreement re Legislative Proposals.

NV: SB 75 Cause of Action for Drug Addiction Fails to Meet April 12 Deadline for 77th Session.

NJ: Assemblyman Seeks Support for Proposed Bill re First Responder Workers Comp.

NM: Governor Signs SB 233 Attorney Fees, Bad Faith Acts.

NM: Governor Signs SB 275 Workers Comp Cleanup.

NM: Legal Debate Rages Over Non-Coverage of Certain Farm Laborers.

NM: High Court Breathes Back Life Into Widow's Claim for Death Benefits.

NY: Governor Claims WC/Unemployment Insurance Changes to Save Employers $1.2M.

NY: WCB Judge Rules Tribal Law, Not WC, Applies When Non-Indian WC Insurance Dropped.

OK: Many IMEs Have Ownership Interest in Facilities Treating Injured Workers.

OK: Insurance Group Lobbies Against Opt Out Provisions in WC Reform Bill.

OK: Senate Judiciary Committee Approves WC Reforms, Bill Heads to House Floor.

OK: House Version of WC Reforms Called Unworkable by WC Advisory Board.

OK: House Version of WC Reforms Called "Trojan Horse", "Lipstick on a Pig".

OR: WCD Posts Latest List of Registered Vocational Rehabilitation Providers.

PA: Oral Arguments Begin in NFL Concussion Litigation for 4,000 Former Players.

SC: WCC to Discuss Surgical Implant Fees, Lump Sum Commuted Values, Self-Insurance.

TN: House Passes WC Reform Bill; Minor Changes Now Require Senate Approval.

TX: DWC Corrects Forms for Accident Prevention Services Worksheet, Annual Report.

TX: SB 11 Would Require Drug Testing to Receive TANF Benefits.

TX: SB 21 Would Set Up Drug Testing to Receive Unemployment Insurance Benefits.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

Apr. 8, 2013: DBA/WHCA Procedures Clarified by Benefits Review Board.

Apr. 1, 2013: Successes and Failures of Fee Schedules.

Mar. 25, 2013: Distracted Drivers and Workers' Comp.

Mar. 18, 2013: Impact of Obamacare on Workers' Compensation.

Mar. 11, 2013: Combatting Opioid Addiction: When the Cure Is Worse Than the Disease.

Mar. 4, 2013: Medicare Secondary Payer: The Shape of Things to Come.

Feb. 25, 2013: Why Workers Settle Their Claims.

Feb. 19, 2013: Larson's and the Ambiguous Statute.

Feb. 11, 2013: Supreme Court Rejects "Anything That Floats" Test.

Feb. 4, 2013: Workplace Wellness Programs Return on Investment, Implementation Tips.

Jan. 28, 2013: Depression: The Hidden Cost of Compensable Work Injuries.

Jan. 22, 2013: Workplace Homicide.

Jan. 14, 2013: Opting Out Is the New "In" Thing.

Jan. 7, 2013: The Top 10 Bizarre Workers' Comp Cases for 2012.

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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