NATL. - Court: Federal Law Bars Cannabis as Treatment Under LHWCA
03/06/2026 | 0
Cannabis can't qualify as reasonable and necessary medical treatment under the Longshore Harbor and Workers' Compensation Act because it remains a Schedule I drug under federal law, the U.S. 2nd Circuit Court of Appeals ruled Thursday.
Growing acceptance of cannabis having some medicinal value — and an apparent willingness of the federal government to entertain rescheduling — are irrelevant in Luis Peña Garcia's request for reimbursement for edibles recommended to treat chronic pain. All that matters is that Schedule I drugs have no accepted medical use under th...
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The Kentucky Supreme Court ruled that a manufacturer that contracts for the delivery and transportation of raw materials qualifies as a contractor entitled to “up-the-ladder” immunity from tort liability under the workers’ compensation law.
Case: Minova USA Inc. v. Jolly, No. 2024-SC-0169-DG, 02/19/2026, published.
Facts: Minova USA Inc. manufactures resin capsules and other products for use in the mining, construction and energy industries.
The resin capsules are primarily composed of resin mastic and catalyst paste. Resin mastic and catalyst paste, in...
The Delaware Superior Court overturned an administrative finding that an injured forklift driver was not a displaced worker.
Case: Smith v. Allen Foods, No. S25A-08-002 CAK, 02/11/2026 unpublished.
Facts: Leon Smith worked for Allen Foods as a forklift driver. He suffered injuries at work in October 2024 in an accident.
Smith’s doctor kept him off work until April 2025. At that point, the doctor released him to part-time sedentary work.
Procedural history: Allen filed a petition to terminate Smith’s total disability benefits after he was cleared for part-time work.
The Industr...
The West Virginia Supreme Court upheld an award of benefits for a worker with noise-induced hearing loss.
Case: ACNR Resources Inc. v. Miller, No. 25-662, 02/13/2026, published.
Facts: Ronald Miller worked for the West Virginia Department of Highways from 1990 to 2010. He was exposed to occupational noise from heavy equipment and jackhammering during this time.
After Miller left this job, he underwent an audiogram by Katherine Cain, whose qualifications were not indicated on the audiogram form.
Miller worked for ACNR Resources Inc. from 2012 through 2015. During this time, Miller was expos...
In the Subsequent Injuries Benefits Trust Fund reforms that Gov. Gavin Newsom is pitching, proposed Labor Code Sections 4754.1(c), (g) and (e) collectively provide as follows:
A claim for SIBTF benefits pursuant to this article shall be supported only by medical-legal evidence obtained in the course of the claim for the subsequent industrial injury.
Any new medical-legal evidence in a claim for SIBTF benefits pursuant to this article shall not be used to establish the liability for a subsequent industrial injury or the level of the subsequent industrial injury disability.
Vocation...
A New York appellate court upheld a 20% schedule loss of use award for a worker’s bilateral carpal tunnel syndrome.
Case: In the Matter of Laboccetta v. Consolidated Edison Co. of New York Inc., No. CV-24-1858, 02/11/2026, published.
Facts: Vincent Laboccetta worked for Consolidated Edison Co. of New York Inc. He established a workers' compensation claim for bilateral carpal tunnel syndrome stemming from his job as an energy service representative.
Laboccetta underwent carpal tunnel release surgery by Dr. Daniel Wilen. After the surgery, Wilen opined that Laboccetta had a 30% sche...
Montana State Fund proposed a 5% average rate reduction that would take effect July 1.
If approved, the cut would bring rates to their lowest level in the carrier's 35-year history.
Montana State Fund said the latest reduction would result in a cumulative 64.6% rate cut over the last 20 years and a combined 18.8% decrease over the last three years.
MSF President and CEO Holly O’Dell said in a statement that persistent rate cuts benefit employers and workers alike.
“Lower costs and stable rates help businesses grow, create new jobs and invest in safer workpla...
NY - Bills Would Codify Access to Out-of-Network Comp Pharmacies
Bills introduced in New York would allow injured workers to obtain prescription medications from pharmacies outside employer or insurer networks when delays or authorization issues occur.
S 9931 and companion measure A 10413 seek to amend the state’s workers' compensation law relating to access to medically necessary prescriptions. The bills were referred to labor committees in their respective chambers.
The legislation would permit claimants to use a pharmacy outside a contracted network under certain circumstances, including when an authorized medication is not dispensed by ...
The Delaware Supreme Court ruled that a sole proprietor was not entitled to coverage under his company’s workers’ compensation policy for his injuries from being attacked by an employee.
Robert Bayly was the sole proprietor of Red House Motors and Bayly’s Garage. He purchased a workers’ compensation insurance policy from Federated Reserve Insurance Co. for his employees, and an executive personal liability policy for himself.
Bayly was named in the workers’ compensation policy, but only as the sole proprietor of the businesses and not as an employee.
Delaware C...
SACRAMENTO, CA - The Association of Workers' Compensation Professionals (AWCP) is proud to announce a new strategic partnership with WorkCompCentral, the leading online news and information resource dedicated to the workers' compensation...
The Alabama Court of Civil Appeals upheld a determination that a worker with a disabling heart condition was permanently and totally disabled by a shoulder injury alone.
Case: Professional Education Services Group LLC v. Ford, No. CL-2025-0215, 02/13/2026, published.
Facts: Richard Ford worked for Professional Education Services Group LLC, doing heating, ventilation and air conditioning work. In June 2019, Ford injured his left shoulder at work.
Dr. Thomas Thomasson performed a reverse total shoulder arthroplasty on Ford's left shoulder in June 2020.
Ford underwent a functional capacit...
The West Virginia Supreme Court upheld the denial of a teacher’s claim of injury from dancing with a group of kindergarteners.
Case: Conley v. Logan County Board of Education, No. 25-660, 02/13/2026, published.
Facts: Christie Conley worked for the Logan County Board of Education as a physical education teacher. She filed a workers’ compensation claim, asserting that she had injured her left hip while dancing with kindergarten pupils.
X-rays taken that same day showed no acute abnormality, but Conley reported constant hip pain to Dr. Robert McCleary at an appointment two weeks l...
A New York appellate court ruled that a worker struck by a falling chisel should have been granted summary judgment on his Labor Law claim.
Case: Contreras v. City of New York, No. 161063/19, 01/20/2026, published.
Facts: Roger J. Contreras allegedly suffered injuries when a chisel fell and struck him while he was taking a designated coffee break at a construction project involving an exterior restoration of a five-story school.
Contreras testified that he took his break either on or underneath the sidewalk bridge on the jobsite with two other co-workers. He claimed that the scaffolding abo...
The Arizona Senate passed a bill that would allow spouses of first responders killed at work to continue receiving death benefits after remarriage.
The Senate on Tuesday voted 26-4 to pass SB 1136, which would require paying death benefits to the surviving spouse of a first responder until the spouse's death. Death benefits for other types of workers are paid until death or remarriage.
First responders covered by the bill include peace officers, firefighters, paramedics and volunteers operating in an official capacity on behalf of a governmental entity during an emergency or law enforcem...
Oregon lawmakers voted to send the governor a bill that would modify how total disability benefits are calculated.
The state House of Representatives on Tuesday voted 52-0 to pass SB 1519, which would create a tiered structure for temporary total and permanent total disability benefits.
Currently, benefits are two-thirds of a worker's weekly wages and capped at 133% of the state's average weekly wage.
Benefits for workers injured on or after Jan. 1 would be 75% of the portion of a worker's wage that is equal to or less than 75% of the state's average weekly wage, and 6...
Lawmakers in Washington voted to send the governor a bill requested by the Department of Labor and Industries that would allow the agency to use electronic notices for communications currently sent through the mail.
The department, which administers the workers' compensation and workplace safety programs, and enforces hour and wage laws and licensing or registration requirements for certain professions, regularly mails notices to employees, employers and other entities. State law requires that most notices be sent by mail in a way that they can be tracked and delivery can be confirmed.
S...
Tower MSA Partners is holding a webinar on Wednesday to explore how changes to Medicare Secondary Payer rules are impacting workers' compensation claims.
So-called Section 111 mandatory requirements to report settlement information to Medicare went into effect last year. The U.S. Centers for Medicare and Medicaid Services also discontinued formal review of $0 set-asides.
As CMS prepares to initiate its first round of Section 111 reporting audits, Tower Chief Compliance Officer Dan Anders will discuss what all the changes mean for carriers, self-insured employers and defense attorneys...
