National Banner 2012 Chess Board
Vol. 5, Issue 34

Find Solutions & Strategies                                    August 25, 2014

The Drug Evolution and the Workplace
  
The proverbial sky could fall soon for drug testing and drug policies 
In This Issue
-DRUGS IN THE WORKPLACE
-LARSON'S SPOTLIGHT: Bad Faith, Drug Test, Credit, Short-Term Disability
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010Join our community today. Sign up here for our free eNewsletter.

 

Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations

Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference®. Plus, you'll earn CLEs just by attending. Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registering with Promo Code LNL by Nov. 3.

the drug evolution and the workplace

The proverbial sky could fall soon for drug testing and drug policies

 

By Roger Rabb, J.D.

 

Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal law. Employers have traditionally relied on this classification of marijuana as an illegal drug when setting policies designed to keep workplaces safe and free from drug use. However, the legalization of medical marijuana in some states (20 and counting since 1996, plus the District of Columbia) has placed employers in these states, as well as state legislatures and courts, in a precarious position when trying to fashion and enforce workplace policies in light of a now-muddied legal landscape...read more.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

 

Tom Robinson thumbnailIowa: Claim for Bad-Faith Denial Fails When Insurer Had Reasonable Basis for Initial Denial. Acknowledging that Iowa law recognized a common-law cause of action against an insurer for bad-faith denial or delay of insurance benefits...read more.

 

Texas: Worker Fired for Refusing Drug Test, Not for Contemplating Workers' Comp Claim. A court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by...read more.

 

Minnesota: School District Not Entitled to Credit for Benefits Paid Via Government-Service Pension Plan. An industrial arts teacher and volleyball coach, who was awarded PT disability benefits related to a...read more.

 

DC: Injured Employee May Not Receive Both Comp Disability Benefits and Short-Term Disability Benefits. Contrast the Minnesota decision noted above with that involving an injured D.C. employee who, following a...read more.

national & state news

National & State-by-State News on the Free Web:   

 

NCCI Examines State of the Economy and Impact on Workers Comp Insurance.

DEA to Publish Final Rule Rescheduling Hydrocodone Combination Products.

Legal Talk Network Covers Offsets, Overlaps in WC and Social Security Disability.

New Emerging Issues for Obesity to Impact Workers Comp Costs.

CMS to Enhance WCMSA Portal Re Collection of Prescription Drug Information.

CA: Governor Signs AB 2732: IMR Request Form, Liens, Other Technical Changes.

CA: AB 2616 MRSA Presumption for Health Care Workers Sent to Governor.

CA: State Assembly Passes SB 1443 Ethics Bill.

CA: WCIRB Submits 2015 Advisory Pure Premium Rate Filing to CDI.

CA: DWC Issues Notice of Hearing to Revise Hospital Outpatient/ASC Fee Schedule.

CA: CHSWC Requests Feedback on Public Sector Self-Insured Program.

DE: Governor, Lt. Gov. to Meet w/WC Oversight Panel to Discuss Rate Reduction.

DC: D.C. Council to Hold Hearing Sept. 26 on DOES' Workers Comp Problems.

FL: Judge's Controversial Ruling in FWA v. State of FL Expected to Be Appealed.

FL: DWC Posts Presentations From WCI Educational Conference.

FL: NCCI Proposes 2.5 Percent Decrease in WC Rates.

IL: IWCC Post Updates to Maximum/Minimum Benefit Rates.

IA: Annual Service Bonus Included in Employee's AWW Computation.

IA: Opinion: Governor Weakens Work Comp Judges' Protection From Political Process.

KY: NCCI Explains 6.9% Decrease in Loss Cost Filing.

MA: Governor Signs Workplace Policy on Domestic Violence Leave of Absence Bill.

MA: State Audit Makes Recommendations to Improve DIA Accountability, Efficiency.

NV: DIR Proposes Permament Impairment Guidelines for Subsequent Injury Account Claims.

NH: Insurance Dept. Schedules Rate Hearing Sept. 30.

OH: Employers Might Receive BWC Pay Out in February.

OH: No Employment Relationships When Informal Arrangement Re Horse Boarding.

OK: WCC OK's Decisions to Ax 16 Employees, Hire New Employees, Spend $10K.

OR: WCD Proposes 2015 Premium Assessment Rate of 6.2 Percent.

OR: WCD Publishes Final Rules re Financial Viability of Self-Insured Employer Groups.

RI: DLT Announces Rate Reduction for Insurers Providing Workers Comp Coverage.

SC: New Net Present Value Tables to Increase Employers' Indemnity Costs.

SD: Lawyer Argues Bonuses Should Be Included in Workers' Earnings.

TX: DWC Posts Informal Rule re Lifetime Income Benefits.

TX: Editorial Calls for Mandatory Workers Comp Coverage for High Risk Industries.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

August 18, 2014: Judge Rebukes Florida Workers' Compensation System

August 11, 2014: One-Two Punch of Benzodiazepines and Opioids on WC Claim Costs

August 4, 2014: Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use

July 28, 2014: Choosing an Effective TPA

July 21, 2014: Opioid Guidelines for Safety-Sensitive Jobs

July 14, 2014: Drug Formularies, Texas Style: Coming to a State Near You

July 7, 2014: Trust in the Workplace

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.