1 By: Gregory B. Cairns, Esq. CAIRNS & ASSOCIATES, P.C E. Mexico Ave., Suite 700 Denver, CO 80210
2 Gregory B. Cairns, Esq. Gregory B. Cairns, Esq. CAIRNS & ASSOCIATES, P.C E. Mexico Ave., Suite 700 Denver, CO (303) direct line (866) fax - Biography: Mr. Cairns practice focuses on workers compensation defense and related employment law. Mr. Cairns attended the University of Wisconsin at Madison where he received a Bachelor of Arts degree with honors in Psychology in He also attended the University of Wisconsin at Milwaukee where he pursued a Master's in industrial psychology. Following graduate school, he obtained his law degree from the University of Texas at Austin in Mr. Cairns has been licensed to practice law in the State of Colorado since Mr. Cairns has twenty-nine years of experience as a defense attorney in matters relating to workers' compensation and employment law. He has published several articles in The Colorado Lawyer concerning employment issues and pre-judgment interest, and has been a frequent speaker concerning workers' compensation, pre-employment testing, the American with Disabilities Act of 1990, and the Family and Medical Leave Act of He has taught basic legal research in the paralegal training programs for Metropolitan State College in Denver and the Denver Paralegal Institute. In addition, he is the founder and principal instructor for The Center for Workers' Compensation Training, a private occupational school. Mr. Cairns, who hails from Wisconsin, currently practices as president and founder of Cairns & Associates, P.C., Denver, Colorado. In 2004 he was named an Outstanding Lawyer of America.
4 1. Sixteen (16) States and the District of Columbia have explicitly legalized Medical Marijuana (MM). Multiple States have symbolic laws on the book with no practical utility. 15 States have never had a positive MM law. 2. MM is classified by the Food & Drug Administration ( FDA) as a Schedule I controlled substance, which means it is illegal and considered to have a high potential for abuse without any medicinal value. 3. Several states disagree with the federal government about medical efficacy: Specific illnesses covered include cancer, glaucoma, pain/chronic illness and HIV/AIDS. 4. There have been 3 key federal cases regarding MM: Raich v. Ashcroft (federal government can arrest and prosecute patients in states where usage is legal); U.S. v. Oakland Cannibis Buyers Cooperative (OCBC) (medical necessity defense cannot be used to avoid federal prosecution); and Conant v. Walters (9 th Circuit held doctors cannot be prosecuted for recommending usage). 5. On 2/25/09, the US Attorney General announced that the Drug Enforcement Agency (DEA) would no longer raid dispensaries authorized by state law; on 10/19/09, the US Deputy Attorney released a memo authorizing the use of MM so long as it complies with state law.
5 6. About 99% of arrests for possession of MM are at state level. 7. State laws do not regulate MM s quality or potency, and the majority do not address ways to obtain the drug. Only 4 states (California, Colorado, New Mexico and Maine) and the District of Columbia regulate dispensaries; most states allow home cultivation. Some designate the National Institute of Drug Abuse (NIDA) or some state agency as primary source. 8. Most states limit the amount of MM that patients or caretakers can possess or cultivate. 9. States vary whether they require registry and identification cards: 13 states (and soon the District of Columbia) have a registry. In states where users are issued an ID, patients are protected from arrest and prosecution; in some states users can be arrested but have an affirmative defense. 10. A 2004 poll commissioned by AARP found 72% of Americans 45 or older thought MM should be legal if recommended by a doctor.
6 1. Amendment 20, now codified as Article 18, Section 14 of the Colorado State Constitution, makes it lawful for Colorado residents to use medical marijuana IF THEY FOLLOW THE RULES. 2. One of the rules is that a patient must have a recommendation (or advisement) from a physician licensed in the State of Colorado that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition. 3. Another rule is that, absent special needs, it is lawful to possess no more than two ounces of a usable form of marijuana and no more than 6 marijuana plants, with no more than 3 which are flowering (mature). 4. Medical marijuana can be smoked, inhaled, ingested through food or tincture, absorbed through the skin, taken in pill form or drunk. 5. There are very few double blind, peer-reviewed studies about the efficacy of medical marijuana; anecdotal evidence suggests that it is helpful for those who suffer from nausea, sleeplessness, pain and lack of appetite.
7 6. It is still a federal crime to possess, use, sell and grow marijuana; however, the federal Justice Department instructed federal officers to refrain from prosecution of users of medical marijuana in the then 14 states where usage is allowed by state law. 7. It is estimated that there are between 200,000 to 300,000 Colorado residents who possess recommendations from physicians for use of medical marijuana; not all of them have been registered with the State (which affords even greater protection from prosecution than possessing just a recommendation from a doctor). Over 154,000 residents have applied to the registry; 121,476 are registered (10/23) 8. The average age of registered MM users is 41; 47 are minors 9. It is estimated that there are as many as 600 dispensaries operating in Colorado, at least 329 of which are in Denver. 10. The 2010 and 2011 legislatures have produced legislation regulating dispensaries and the physician/patient relationship, but issues pertaining to employment, workers compensation, child welfare, criminal prosecution, waste disposal, parolees/probationers etc. will need future legislation or judicial determinations.
8 Can Municipalities Manage Risk By Zoning? Ban production, storage, sale, manufacturing, etc. Moratorium Careful zoning In Colorado, yes! In California & Elsewhere, Maybe
9 Can Municipalities Manage Risk by Licensing? In Colorado and New Mexico, Yes! Elsewhere, Maybe In Colorado, local governments can require licensing with them before application with the State. In Colorado, local governments can impose restrictions greater than the State s. Licensing is a source of funds.
10 Can Municipalities Tax Medical Marijuana? In Colorado and california, Yes! Elsewhere, Maybe Currently only California and Colorado tax and regulate MM sales. In Colorado, both the State and local governments can tax MM. If all marijuana were legalized and taxed, at least one expert projects 20.1 billion dollars boost to government budgets (6.4 billion in tax revenue, remainder in reduced enforcement costs) (Miron, 2010)
11 Are There Special Enforcement Issues for Municipalities Regarding Medical Marijuana? Not Really Public usage is usually banned by state law. For DUID, police should focus on impairment, not possession. There is no specific scientific standard for impairment from drug usage in most states; in 4 states, 5-10 nanograms per blood liter is per se impaired ; 15 zero tolerance states Apply same rules regarding confiscation of any contraband: If you break it, you own it. Is it worth the lawsuit to keep the product and paraphernalia?
12 Does a private health insurance carrier, governmental entity, or any private entity providing health insurance have to reimburse a user of medical marijuana? In Colorado, NO! There is no federal or state law that requires a governmental, private or any other entity providing health insurance to pay for it. Amendment 20 relieves a governmental, private or any other entity providing health insurance of the liability for any claim for reimbursement for the use of medical marijuana. Further, its usage is still a violation of federal law, and insurance regulations may prohibit payment for illegal treatment.
13 Does a private health insurance carrier, governmental entity, or any private entity providing health insurance have to reimburse a user of medical marijuana? Across the USA, Probably NO! There is no federal or state law that requires a governmental, private or any other entity providing health insurance to pay for it. Medicare and Medicaid will not pay for it, so why would a private or other public plan? Further, its usage is still a violation of federal law, and insurance regulations may prohibit payment for illegal treatment.
14 Does a workers compensation carrier or self-insured employer have to pay for medical marijuana? In Colorado, Probably No. Amendment 20 probably relieves insurance carrier and self-insured employers from payment, although it does not specifically refer to workers compensation insurers and it refers to reimbursement rather than direct pay. If Amendment 20 does not specifically protect insurance carriers and selfinsureds from liability, there is an equal protection argument that it does. It is still a federal crime to use it and no carrier can provide illegal treatment. The DOWC has no fee schedule, treatment guideline, rule of procedure or other pronouncement regarding it. (However, at least one arbitrator has ordered MM in several cases to allow respondents to submit an order to Medicare authorities and thereby avoid liability for narcotics). The FDA has not approved it. There is no federal or state case law requiring a carrier or self-insured carrier to provide it to a workers compensation claimant.
15 Does a workers compensation carrier or self-insured employer have to pay for medical marijuana? Across the USA, Probably No. No state statute addresses the issue, but none requires payment of MM either. It will be up to the state courts and legislatures to address the issue. An administrative judge in Iowa has ordered payment for MM, but that case may be under appeal. It is still a federal crime to use it and no carrier can provide illegal treatment. The FDA has not approved it. There is no federal or state case law requiring a carrier or self-insured carrier to provide it to a workers compensation claimant. However, a carrier MAY want to consider paying for MM if it can avoid a massive liability for lifetime narcotics.
16 Can workers compensation penalties be applied to users of medical marijuana who are injured? It Depends on the State, but probably Yes! Avoidance of Claim Safety Rule Violation Intoxication Responsible for separation from employment
17 If an employee is injured in Colorado while under the influence of medical marijuana, can the employer/carrier take a 50% penalty for a safety rule violation? It depends on the following: 1. Does the employer have a safety rule which prohibits use of controlled substances prohibited by federal or state law? 2. Was the rule communicated to the employee? 3. Can the employer show that the employee knew there were consequences for a violation of the rule? 4. Does the employer uniformly enforce the rule? 5. Can the employer/carrier demonstrate a causal connection between violation of the rule and the claimant s accident? 6. Can the employer/carrier demonstrate that the employee s usage was willful?
18 Can a Colorado employer/carrier take a 50% penalty for a violation of the intoxication statute? It depends on the following: 1. Did the test provider retain duplicate samples of the claimant s drug test? 2. Can the employer/carrier convince the administrative law judge that marijuana is a non-prescribed controlled substance? 3. Will the claimant be able to rebut the presumption that there is a causal connection between the presence of cannabinoids in his/her system and the accident?
19 Can a Colorado employer/carrier avoid paying temporary disability benefits if the claimant is terminated for cause because of the presence of medical marijuana in his/her system? YES, if the employer/carrier can prove the following: 1. The employer publishes a rule which mandates termination for usage of controlled substances forbidden by federal or state law. 2. The employer/carrier can prove that the employee knew the rules and consequences of breaking them. 3. The employer/carrier can convince the ALJ that the usage of medical marijuana was willful in the sense of a volitional act. 4. The employer uniformly enforces the rule. 5. The use of marijuana was NOT the cause of the accident (per Colorado Springs Disposal)(which means that the employer/carrier would not get the intoxication penalty).
20 Does an employer have to accommodate the use of medical marijuana in the workplace? Probably NO! 1. Accommodation for MM usage may include longer breaks; ignoring positive findings on drug screens; or special storage; smoking or napping areas. 2. Many state statutes specifically state that no employer need accommodate the use of medical marijuana in the workplace. 3. The ADA (as amended) does not require reasonable accommodation for current users of illegal drugs. 4. CAUTION: The ADA may require interactive discussion of accommodation for the medical condition for which the employee takes MM.
21 Does a Colorado employer have to accommodate the use of medical marijuana in the workplace? NO! 1. Amendment 20 specifically states that no employer need accommodate the use of medical marijuana in the workplace. 2. The ADA (as amended) does not require reasonable accommodation for current users of illegal drugs. 3. The Colorado Anti-Discrimination Act follows the ADA in this regard. 4. The Colorado statute which prohibits termination of an employee for lawful off premises behavior, if it even applies, does not prohibit an employer from taking negative employment actions other than termination. 5. CAUTION: The ADA may require interactive discussion of accommodation for the medical condition for which the employee takes MM.
22 Is there any federal or state law which protects the job of an employee who tests positive for medical marijuana pursuant to a lawful drug screen at work or after injury? Usually, no. 1. None of the following federal statutes can be construed to protect a current user of a controlled substance prohibited by federal law: ADA, FMLA, Title VII, Older Workers Protection Act/ADEA, HIPAA, OSHA, ERISA, etc. 2. Further, certain federal laws mandate that some employers cannot retain current users of controlled substances prohibited by federal law: all federal contractors, employers regulated by the Department of Transportation regulations, etc. 3. CAUTION: The ADA may require interactive discussion of accommodation for the medical condition for which the employee takes marijuana.
23 Is there any federal or state law which protects the job of an employee who tests positive for medical marijuana pursuant to a lawful drug screen at work or after injury? Usually, no. 1. Most states are silent about whether non-impaired users of MM can be terminated without cause of action. 2. Courts in Washington, California, Michigan and Montana have ruled that MM users jobs are not protected. 3. Remember that certain federal laws mandate that some employers cannot retain current users of controlled substances prohibited by federal law: all federal contractors, employers regulated by the Department of Transportation regulations, etc.
24 Does Colorado s statute which protects an employee s job if he/she engages in lawful activities outside of work protect the job of a medical marijuana user? NO! Although some may make the argument that Section , C.R.S. ( The Philip Morris Law ), protects the jobs of employees engaged in lawful activities outside of work which do not pose a conflict of interest for the employer, they forget that the statute starts with engaging in any lawful activity off the premises of the employer during nonworking hours. IT IS STILL A FEDERAL CRIME TO POSSESS AND USE MARIJUANA!
25 Can an employer avoid paying unemployment compensation benefits if the claimant is terminated for cause because of the presence of medical marijuana in his/her system? Maybe. It depends on the applicable state statute. 1. Consult with your attorney or human resources specialist about whether your state s unemployment compensation statute allows disqualification or reduction of benefits for usage of medical marijuana. 2. In some states, the mere trace of THC in a worker s system is enough to preclude payment of benefits.
26 Can a Colorado employer avoid paying unemployment compensation benefits if the claimant is terminated for cause because of the presence of medical marijuana in his/her system? YES, if the employer can prove the following: 1. The employer publishes a rule which mandates termination for usage of controlled substances forbidden by federal or state law. 2. The employer can prove that the employee knew the rules and consequences of breaking them. 3. The employer uniformly enforces the rule. 4. The employer can convince the referee that the applicant has: engaged in onthe-job use of not medically prescribed controlled substances; engaged in offthe-job usage of not medically prescribed controlled substances resulting in interference with job performance; demonstrated the presence, during working hours, of not medically prescribed controlled substances; or violated a statute or company rule which resulted in serious damage to employer property/interest. 5. A recent Court of Appeals case allowed benefits where no proof of certified lab
27 It is recommended that employers implement the following ten-point plan to ensure that they control the usage of medical marijuana in the work place: 1. Publish clearly worded policies prohibiting the usage of controlled substances prohibited by federal or state law. 2. Test employees to demonstrate that they understand the rules. 3. Consistently enforce the rules. 4. Consider drug testing for reasonable suspicion. 5. Consider drug testing after work-related injury or property damage.
28 6. In Colorado, make sure your laboratory keeps a duplicate sample and make sure the intoxication defense is litigated within one year. 7. In Colorado, consider carefully whether you would rather have the intoxication penalty or avoidance of temporary benefits due to responsible for separation from employment. 8. Make sure, in appropriate cases, to send your samples to a medical review officer (MRO) for review. 9. Do not be intimidated by those who insist that medical marijuana users have the right to use the substance both off premises and on premises at work. 10. Do not rely on the media for the facts: they specialize in half-truths and sensationalism, rather than factual and legal accuracy.
RED FLAGS & BAGGAGE: THE EMPLOYER S S GUIDE TO MEDICAL TESTING OF EMPLOYEES By Cairns Nemechek & Sweeney, LLC 7887 E. Belleview, Ste. 1100 Englewood, Colorado 80111 (303) 228-2242 2242 (303) 228-2257 2257
Medical Marijuana: The Legal Landscape Rachelle Yeung, J.D. Legislative Analyst, Marijuana Policy Project Virginia s Medical Marijuana Law Currently, possession of even a single joint is punishable by:
Understanding Maine s Medical Marijuana Law Medical Marijuana Laws Alaska (1998) Arizona (1996, 2010) California (1996) Colorado (2000) Delaware (2011)* District of Columbia (2010)* Hawaii (2000) Maine
Minnesota Law Enforcement Coalition Representing these Organizations: Minnesota County Attorneys Association Minnesota Chiefs of Police Association Minnesota State Association of Narcotics Investigators
STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY NARCOTICS ENFORCEMENT DIVISION Hawaii Medical Use of Marijuana [Physician and Patient Information] The content of this packet does not replace nor rewrite any
Controlling Substance Abuse on the Job Site By: Bruce S. Wilkinson President, Workplace Consultants, Inc. Guidelines for Removing Users from Your Payroll The abuse of illegal drugs, prescription drugs,
SAMPLE DRUG AND ALCOHOL POLICY (MISSISSIPPI) DRUG AND ALCOHOL POLICY DISCLAIMER WARNING!!! The attached Drug and Alcohol Policy is being furnished to you as a courtesy. Stonetrust Management Services highly
Medical Marijuana Collectives (File No. 031676) (OLA #:023-03) LEGISLATIVE ANALYST REPORT To: Members of the Board of Supervisors From: Adam Van de Water, Office of the Legislative Analyst Date: February
Are Employee Drug Tests Going Up in Smoke? Robert D. Meyers Meghan K. McMahon On January 1, 2014, the nation s first marijuana retail stores opened in Colorado. This landmark event came approximately 14
Overview of Sample Drug and Alcohol Abuse Policy All employers should have a vital interest in maintaining a safe, healthy, and efficient working environment. Being under the influence of a drug or alcohol
IN THE SUPREME COURT OF THE STATE OF ARIZONA KRISTINA R. DOBSON, Petitioner, v. THE HONORABLE CRANE MCCLENNEN, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, Respondent
DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: Boulder County Justice Center 1777 Sixth St Boulder, Colorado 80302 Court Phone: (303) 441-3750 PEOPLE OF THE STATE OF COLORADO vs. SHERRI ANN VERSFELT,
[PART IX.] MEDICAL USE OF MARIJUANA Note Medical use of marijuana program: transfer of rights, powers, duties, etc. of department of public safety to department of health (no later than January 1, 2015);
Proposition 46 Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. Yes/No Statement A YES vote on this measure means: The cap on medical malpractice damages for such things
COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the First Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) *** TITLE 18.
Metropolitan Bureau of Investigation Narcotics - Vice - Organized Crime METROPOLITAN BUREAU of INVESTIGATION State Attorney Ninth Judicial Circuit Orange County Sheriff s Office Orlando Police Department
Workers Compensation Insurance EMPLOYERS FREQUENTLY ASKED QUESTIONS INTRODUCTION This information is intended to provide employers with a basic overview of the workers compensation system in Arizona. The
SYSTEM REGULATIONS 34.02.01 Drug and Alcohol Abuse and Rehabilitation Programs July 14, 2000 Supplements System Policy 34.02 1. ADMINISTRATION The provisions of this regulation are based on requirements
Washington University is committed to maintaining a safe and healthful environment for members of the University community by promoting a drug-free environment as well as one free of the abuse of alcohol.
Thomas W. Dean Attorney for NORML 13201 N. 35 TH Ave. Office Suite B-10 Phoenix, AZ 85029 Tel: (602 635.4990 Fax: (928 247.6036 AZ Bar No. 015700 IN THE SUPREME COURT STATE OF ARIZONA TRAVIS LANCE DARRAH,
CITY OF ESSEXVILLE SUBSTANCE ABUSE POLICY Department of Transportation Regulated Employees (Original Adoption November 29, 1995, Latest Revision November 17, 2008) I. PURPOSE The City of Essexville ( Employer
June 15, 2015 Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814 Attention: Ms. Ashley Johansson Initiative Coordinator Dear Attorney General Harris: Pursuant
November 9, 2006 Deficit Reduction Act Employee Information Requirements The Deficit Reduction Act ( DRA ) requires states participating in the Medicaid program to amend their State Plans to mandate that
2015 Regular Session HOUSE BILL NO. 6 BY REPRESENTATIVE HONORE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CONTROLLED SUBSTANCES: Authorizes the use of medical
Medical Marijuana Use: What s at Stake for Massachusetts Colleges and Universities October 2, 2014 Paul J. Murphy email@example.com 617.310.6063 Terence P. McCourt firstname.lastname@example.org 617.310.6246 G R E
Medical Marijuana Ordinances: Problems Local Governments Are Facing Matthew R. Silver, Esq. Best Best & Krieger LLP 1 CONTACT INFORMATION Matthew R. Silver, Esq. (949) 263-6588 Matthew.email@example.com
PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE Summary PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE JOINT FORMAL OPINION 2015-100 PROVIDING ADVICE TO
osition Official Title and Summary Prepared by the Attorney General Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board. Requires Board to suspend
0 0 A BILL 0-0 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To make the possession or transfer without remuneration of ounce or less of marijuana a civil violation subject to a fine and to make technical
URGENCY ORDINANCE NO. 1235 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA
Medical Cannabis July 13, 2011 United States Code Federal law prohibits the production, processing, and dispensing of medical cannabis. Sentencing enhancements apply to violations involving more than 99
Pharmacy Law Overview From Civil Liability to Criminal Prosecution Law That Matters To Pharmacists Robert P. Esgro, R.Ph., Esq. Pharmacy Lawyer and Consultant 610-308-6666 Bob@PharmacyLawyer.com Pharmacy
MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies Patrick J. Harvey firstname.lastname@example.org Ballard Spahr LLP 215.864.8240 Erin K. Clarke email@example.com
Testimony of the NATIONAL LAWYERS GUILD-DRUG POLICY COMMITTEE before the Pennsylvania House of Representatives- Health and Human Committee Chairman State Representative Frank Oliver: The drug policy committee
Government of the District of Columbia Department of Health Health Regulation and Licensing Administration MEDICAL MARIJUANA PROGRAM PATIENT FREQUENTLY ASKED QUESTIONS Question: What are the qualifying
Page 1 of 7 700 Kipling Street, Suite 1000 Lakewood, CO 80215 SUBSTANCE ABUSE POLICY AND PROCEDURAL DIRECTIVE PURPOSE To maintain a safe, healthful, and efficient work environment for the Colorado Department
X. SUBSTANCE ABUSE/DRUG-FREE WORKPLACE POLICY GENERAL POLICY It is the policy of Scott County to provide safe, dependable and efficient services to the public which it serves. Scott County is committed
County of Kings Substance Abuse Policy Adopted: January, 1996 I. INTRODUCTION Kings County and its employees recognize that behavior resulting from the misuse of alcohol and/or other drugs may detrimentally
Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007 Appeals o 1-23-600(D): Cuts out the Circuit Court chain of appeal. Appeals from the Full Commission go directly
Medical Marijuana: Politics Meets Regulation Presenters: Dr. Heidi Oetter, MD President, Federation of Medical Regulatory Authorities of Canada Richard Morales, Section Director Colorado Division of Professions
Human resource management policy and practice issues and medical marijuana ABSTRACT Gerald Calvasina Southern Utah University The long running war on drugs being waged by government at the federal, state
A REGULATION TO ENSURE SAFE ACCESS TO MEDICAL MARIJUANA IN THE CITY OF BOSTON Whereas, Massachusetts voters approved the legal cultivation, processing, distribution, sale and use of marijuana for medical
WHAT LANDLORDS NEED TO KNOW ABOUT THE LEGALIZATION OF MARIJUANA (AMENDMENT 64) The election results are final. Colorado along with Washington State became the first two states to legalize the recreational
A GUIDE TO WORKERS COMPENSATION IN NEW YORK If you live or work in New York State and suffer a work-related injury, illness or disability, you may be eligible for workers' compensation benefits. This summary
WINNING SOCIAL SECURITY DISABILITY BENEFITS: A STEP BY STEP BY STEP GUIDE TO UNDERSTANDING AND APPLYING FOR SOCIAL SECURITY DISABILITY BENEFITS By ELLIOTT ANDALMAN, ESQ Foreword Here at Andalman & Flynn,
NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL
STATE-BY-STATE MEDICAL MARIJUANA LAWS: How To Remove the Threat of Arrest Marijuana Policy Project February 2001 Written by Richard Schmitz and Chuck Thomas Edited by Robert Kampia I believe each state
California Public Employees Retirement System Agenda Item 9 ITEM NAME: Proposition 46 Drug and Alcohol Testing of Doctors and Medical Negligence Lawsuits PROGRAM: ITEM TYPE: Legislation State Initiative
The Impact of Legalized Marijuana in the Workplace Vance Knapp Partner, Labor & Employment 303.299.8162 firstname.lastname@example.org Background 23 states and the District of Columbia have legalized possession
IN THE ARIZONA COURT OF APPEALS DIVISION ONE TRAVIS LANCE DARRAH, Petitioner, v. THE HONORABLE CRANE MCCLENNEN, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent
STATE OF MINNESOTA POLICY ON ALCOHOL AND OTHER DRUG USE BY STATE EMPLOYEES I. Introduction The State of Minnesota recognizes that alcoholism and other drug dependencies are a significant social problem
STATE OF NEVADA ALCOHOL AND DRUG PROGRAM July 2015 TABLE OF CONTENTS I. INTRODUCTION... 5 II. OVERVIEW... 6 III. TESTING STANDARDS... 8 ALCOHOL... 8 CONTROLLED SUBSTANCES (DRUGS)... 8 IV. EMPLOYEES RESPONSIBILITIES...
This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving
STATEMENT OF DAVID A. O NEIL ACTING ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE COMMITTEE ON OVERSIGHT & GOVERNMENT REFORM SUBCOMMITTEE ON GOVERNMENT OPERATIONS
Last Revision: 03/30/10 Page 1 of 7 Workers Compensation The purpose of this regulation is to ensure that employees of Three Rivers Community College injured within the course and scope of their employment
Reproduced by permission. 2012 Colorado Bar Association, 41 The Colorado Lawyer 57 (January 2012). All rights reserved. LABOR AND EMPLOYMENT LAW Employment Law and Medical Marijuana An Uncertain Relationship
By Senator Brandes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to the medical use of marijuana; creating s. 381.99, F.S.; providing
Side-by-Side Comparison of Vermont s Existing Drug Testing Law and the Senate Committee on Economic Development s Proposed Amendment to S.241 February 16, 2016 Damien Leonard, Esq., Office of Legislative
POLICY MANUAL Ipswich School System FILE CODE: GBCB-R DRUG-FREE WORKPLACE REGULATIONS INFORMATION FOR EMPLOYEES This information is provided to all employees in an effort to promote an awareness of drug-free
JASON OSIFIE, v. Petitioner-Appellant, THE SUPERIOR COURT OF THE STATE OF ARIZONA, In and For the County of Pinal, and the Honorable Gilberto V. Figueroa, a judge thereof, and, Respondent, THE STATE OF
What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws Most roofing contractors have faced the decision whether to terminate
HACH COMPANY DRUG AND ALCOHOL POLICY I. Purpose Hach Company is committed to a safe, healthy, and productive work environment for all Associates free from the effects of substance abuse. Abuse of alcohol,
Medical Marijuana Laws Raise New Concerns for the Hospitality Industry Gallagher Hospitality Practice Medical Marijuana Laws Raise New Concerns for the Hospitality Industry The use of marijuana for medicinal
The Greater Altoona Career & Technology Center recognizes that the abuse of controlled substances is a serious problem with legal, physical and social implications for the whole school community. As an
595 STEWART AVE GARDEN CITY, NEW YORK 11530-4735 P 516-745-1111 F 516-745-5733 SOBELINS.COM EMPLOYMENT PRACTICES LIABILITY INSURANCE APPLICATION NOTICE: THE POLICY FOR WHICH THIS APPLICATION IS SUBMITTED
Drug-Free Workplace Policy and Procedures July 16, 2015 Regional Transit Authority of Southeast Michigan Drug-Free Workplace Policy and Procedures Purpose In compliance with regulations governing anti-drug
The Oregon Medical Marijuana Program PUBLIC HEALTH DIVISION 1 PUBLIC HEALTH DIVISION For more information, visit www.healthoregon.org/ommp or call the 971-673-1234 Oregon Health Authority P.O. Box 14450
Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;
How the Changes in the Workers Compensation Law Affect You Published by Missouri Department of Labor and Industrial Relations DIVISION OF WORKERS COMPENSATION Table of Contents When does the new law become
City and County of Denver Workers Compensation Procedure Issued September 10, 2001 Revised 2/1/2013 Workplace Safety 201 West Colfax Avenue Dept. 1105 Denver, CO 80202 Risk.Management@Denvergov.org Workplace
POLICY FOR A DRUG AND ALCOHOL-FREE WORKPLACE I. STATEMENT OF PURPOSE Crossroads of Western Iowa recognizes the problems of substance abuse in society and in the workplace. Substance abuse poses a serious
2.2 Drug Free Work Place Adopted 1.24.2003 Revised 3.28.2004; 5.26.2006; 3.2.2011 Reference: WAC 388.805.200(3) POLICY In accordance with "The Drug Free Workplace Act of 1988, The Healing Lodge prohibits
CHAPTER 307 AN ACT concerning the medical use of marijuana and revising parts of statutory law. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.24:6I-1 Short title. 1. This
Table of Contents Job Description ORM-C600... 4 Claims Adjuster 1-4... 4 INTRODUCTION ORM-C601... 7 SET UP NEW CLAIM FILE ORM-C602... 8 Litigated Claims... 8 Medical Record Review... 9 Investigation...
The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues One of the most perplexing and treacherous aspects of managing a workforce is the handling of an employee who
www.workinjuryinpa.com THE ALMOST HASSLE-FREE WAY TO COLLECT PA WORKERS COMPENSATION MEDICAL BILLS This book has the forms and guidance to get your workers compensation medical bills paid. THE ALMOST HASSLE-FREE
Eastern International College Alcohol and Drug Policy for Students and Employees This Policy applies to all students on any Eastern International College property or at any activity sponsored or authorized
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...
Last updated, August 21, 2014 Whether Medical Marijuana is a Reasonable Accommodation Annie D. Murphy, attorney Dufford, Waldeck, Milburn & Krohn 744 Horizon Ct., Ste. 300 Grand Junction, CO 81506 (970)
Independent Contractors, Employees and Student Interns Presented by: Lawrence M. Donoghue Attorney at Law We re proud to offer a full-circle solution to your HR needs. BASIC offers collaboration, flexibility,