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3rd DCA Publishes Decision on Compensability of Car Accident; Defendant Petitions High Court

05/14/2024
comatose. Highway Patrol officers who responded to the accident reported smelling the odor of burnt marijuana while inspecting Nanezs car. That evening at the hospital Nanezs urine tested positive for THC. An administrative law judge denied Nanezs claim for benefits finding that he had

Category: News

Worker Gets Benefits for Crash Despite Leaving Job Site Without Employer's Approval

04/25/2024
A California appellate court upheld an award of benefits to a worker for his injuries from a car accident that happened after he left a fire camp without his employers knowledge and in violation of its rules and used marijuana. Braden Nanez worked for 3 Stonedeggs Inc. a mobile food service

Category: News

Nanez Braden

03/01/2024
discern no merit in defendants argument that the commercial traveler rule should not apply because applicant left the worksite without notifying a superior. Third defendant argues that because applicants co-worker Brandon Duarte had previously suspected him of smoking marijuana just outside of

Category: Panel

2024 Regulatory and Issues Forecast

02/29/2024
553 and signed by Governor Newsom going into effect July 1 2024 AB2188 Marijuana Discrimination in Employment use of Cannabis Effective January 1 2024 Workers' Compensation Best Practices

Category: Education

Bill Would Add Marijuana to Intoxication Statute

01/04/2024
drugs. However Missouri voters in November 2022 legalized recreational cannabis. House Bill 2135 introduced Tuesday by Rep. John Voss R-Cape Girardeau would amend the statutes to apply to the use of alcohol nonprescribed drugs or marijuana. The measure would also explicitly state that refusal

Category: News

Madero Marco

08/01/2023
influence of marijuanaTHC at the time of the alleged injury. MOHSOE May 12 2022 pp. 2-3. During trial applicant testified regarding multiple specific interactions with his supervisor Ms. Erica Graves between June 6 2019 and March 13 2020 that he claimed were the main reason for his

Category: Panel

Fired Medical Marijuana User Establishes Good-Faith Effort to Find Work

07/28/2023
The Arizona Court of Appeals upheld a finding that a medical marijuana user who was fired after testing positive for THC had engaged in a good-faith effort to find new employment and was entitled to temporary disability benefits. Although the injured worker's status as a valid medical

Category: News

SmalcugaJennifer

06/01/2023
Medical Center on October 6 2021 eight 8 months after the accident with complaints of middle chest pain. Once again nowhere in these records is there an indication that she was utilizing Norco daily along with medical marijuana. RX 5. Next looking to Respondents experts the Arbitrator agrees

Category: Panel

KargelWilliam

06/01/2023
continued following up with Dr. Anwar and in 2017 Dr. Anwar discussed the use of medical marijuana which Petitioner currently takes. PX 7 T. pg. 39. Petitioner testified he is not currently employed and has not worked since June of 2020 T. pg. 45. Petitioner testified he also underwent physical therapy

Category: Panel

Juarez Adrian

05/01/2023
discussion in his report dated 09292020 Exhibit NN on page 13 under apportionment states that psychiatric symptomatology at the time of this evaluation is felt to be caused 40 by the industrial injury and 60 by the use of alcohol and marijuana. In regard to apportionment the court finds the

Category: Panel

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