Supreme Court seeks DOJ input on comp coverage for cannabis | Business Insurance

Digger’s Polaris, two October 2021 decisions that held that the Workers’ Compensation Court of Appeal lacks jurisdiction to determine whether the Controlled Substances Act preempts state law, as it would require interpreting federal law. Workers compensation judges in both cases had ruled that ongoing congressional appropriation riders prohibiting the DOJ from prosecuting acts that comply […]

States introduce mixed legislation on cannabis payments in comp | Business Insurance

2095, which would create a statewide cannabis program that explicitly exempts workers compensation insurers and self-insured employers from paying for or reimbursing anyone for the costs of using medical cannabis. The bill would also say that if payment to a cannabis dispensary is not feasible, employers and insurers would be required to reimburse injured workers […]

Signs point to cannabis catching on in comp | Business Insurance

“For a long time, workers compensation did not consider medical marijuana a treatment option. Mendota Heights Dental Center et al., determining employees cannot be financially reimbursed for their use of medical cannabis to recover from a workplace injury on the basis that cannabis remains classified as a Schedule I controlled substance under federal law, and […]

Policy language evolving with cannabis industry: Webinar

“There’s very limited participation in the cannabis market on the side of the insurance carriers, so there is a strong desire by the departments of insurance to encourage more market participation. The excess and surplus insurers that write much of the cannabis industry coverage “have the ability to manuscript policies,” which ultimately leads to a […]