Vol. 6, Issue 25

Find Solutions & Strategies                    June 22, 2015

Colorado Supreme Court Upholds Termination of Medical Marijuana-Smoking Employee
In This Issue
A Note From the Editor
Nat'l Workers' Comp Conference
Larson's National Workers' Compensation Advisory Board
colorado supreme court upholds termination of medical marijuana-smoking dish employee

Coats v. Dish Network, No. 13SC394 (June 15, 2015) 

 

By Albert B. Randall, Jr., Esq.    

  

In a highly anticipated decision, the Supreme Court of Colorado unanimously held this week that an employer may justifiably terminate an employee for his off-duty conduct, despite the employee's adherence to state law governing medical marijuana. The core issue before the Court was whether the use of medical marijuana, in compliance with Colorado's Medical Marijuana Amendment, but in violation of federal law, is considered a "lawful activity" under Colorado's Lawful Activities Statute...read more. 

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis). 

  

New Jersey: Trial Court Has Concurrent Jurisdiction With Division of Workers' Comp to Determine Employment Status. When there is a genuine dispute regarding a worker's employment status, and the worker elects to file a complaint...read more.

Iowa: High Court Rules Surveillance Materials Are Protected by Work Product Rule. Iowa Code § 85.27(2), which generally requires an employer or insurance carrier immediately to release all information...read more.

 

Texas: Non-Subscribing Employer Not Liable for Injuries Caused by Open, Obvious Dangerous Condition. Answering a certified question from the U.S. Court of Appeals for the Fifth Circuit, the TX Supreme Court...read more.

 

Texas: Remote Worker's Injury Traveling From Motel to Work Site Not Barred by Going and Coming Rule. A divided Supreme Court of Texas affirmed a determination that an employee was acting in the course...read more.

workers' compensation resources research report issue 9

By John F. Burton, Jr.

 

Issue 9 of the Workers' Compensation Resources Research Report contains the first of a series of issues that provide an Overview of Workers' Compensation. Part I discusses the origins of workers' compensation programs in the U.S. early in the 20th century, the objectives of a modern workers' compensation program, and a description of the current programs. As shown in Figure 1, in recent years both benefits and costs as a percent of payroll have been near their low points for the period since 1980.

 

Part II examines the coverage of employees and employers by current workers' compensation programs. About 90 percent of the employed U.S. workforce are in firms who are legally required to provide coverage. Actual coverage is less in many jurisdictions, however.

 

Part II also examines which injuries and diseases are compensable. The four traditional tests to establish legal causation for injuries have been tightened in many jurisdictions. The traditional tests to establish legal causation for diseases have also become even more restrictive in many states. As a result, a substantial portion of work-related injuries and diseases do not receive workers' compensation benefits.

 

Order here. 

lexisnexis free cle-eligible webinar: register today!
national & state news

NIOSH Examines Hazards of Temporary Employment.

Uber Adopts No Gun Policy for Drivers, Passengers After Chicago Shooting.

Study: Opioids, Barbiturates Being Overprescribed for Migraine Headache Sufferers.

AR: Court Upholds Ruling for Comp Benefits for Break Room Fall.

CA: FedEx, Drivers Reach $228M Settlement in Misclassification Lawsuit.

CA: Labor Commissioner Rules Uber Drivers Are Employees, Not Independent Contractors.

CA: Court Rules Joint Employers May Be Liable for Worker Misclassification.

CA: Court Affirms Denial of Injunction to Bar WCAB From Collecting Lien Fees.

CA: DWC Posts Adjustments to OMFS (DMEPOS).

CA: DWC Issues 2nd 15-Day Comment Period for WC Benefit Notice Rules.

CA: WCIRB Posts Videos, Presentations From Its Annual Conference.

CO: DWC Proposes Rule Changes for Utilization Standards, Medical Fee Schedule.

DE: Delaware Becomes 18th State to Decriminalize Recreational Marijuana.

GA: WCRI Finds Indemnity Benefits as Key Cost Contributor in GA WC System.

ID: IC Proposes Rule Changes for ASC, Rehab, Physician Fee Reimbursements.

IL: IWCC Posts Fiscal Year 2014 Annual Report.

KS: Worker's Lawsuit Against KDOL Under Rehabilitation Act to Move Forward.

LA: Workers Comp Advisory Council Posts Agenda for June 25 Meeting.

ME: MEMIC Honors Eight Businesses for Workplace Safety.

ME: MEMIC Provides Free Safe Assist Belts to Hundreds of Healthcare Policyholders.

MT: LMAC Posts Discussion of 2015 Legislative Review.

NJ: Governor Nominates Three Judges of Workers' Compensation.

NY: Lawmakers Strike Deal on Regulating Nail Salon Industry.

NY: Officials Seize 496 Uber Cars for Illegal Pick Ups.

NY: Lyft, Attorney General Reach $300K Settlement for Insurance Law Violations.

NY: SWCB Posts New Maximum Weekly Benefit Rate Eff. 7-1-2015.

NY: SWCB Notes 2015-16 Budget Eliminates Several Workers' Comp Fees.

NY: SWCB Announces BPR Roadshow Series for June-July 2015.

NC: House Committee Approves Bill to Crack Down on Employee Misclassification.

ND: WSI Officials Surprised by Decrease in WC Filings for Jan.-Mar. 2015.

OH: BWC to Send Workers Comp Settlement Checks to Over 24,000 Businesses.

OR: MAC July 10 Meeting to Discuss Impact of Brown v. SAIF on Medical Providers.

PA: Workplace Safety Committee Program Saved Employers $4.6M+ in May.

RI: NCCI Explains 2.5% Increase in Loss Cost Rate Filing.

SC: WCC Approves 13 Applications to Self-Insure.

SD: NCCI Explains 8.9% Decrease in Loss Cost Rate Filing.

SD: South Dakota Indian Tribe Legalizes Marijuana Use on Tribal Land.

TX: High Court Rules Nonsubscribers Have No Duty to Warn of Open, Obvious Hazards.

TX: DWC Posts June 2015 Safety & Health Update.

UT: DIA Announces It Won't Mandate Adoption of ICD-10.

VA: Dept. of Labor Adopts New Policy to Address Worker Misclassification.

WI: Workers Comp Advisory Council Posts Legislative Proposals for 2015-2016. 

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.