Michigan Workers' Comp Defense Blog
Currently, there are 17 states (plus two United States territories and the District of Columbia) that permit the use of recreational marijuana. The trend across the country seems to be in favor of legalization of cannabis-related products for both medicinal and recreational use. As that trend continues and the use of recreational marijuana increases, we anticipate new challenges will arise for employers and their insurance carriers. For instance, how will this trend impact post-injury drug screenings?
If the use of recreational marijuana is legal in a given jurisdiction, will it remain permissible for an employer to terminate an employee based solely on a positive drug screening?
Recently, several clients have posed questions regarding the compensability of after-hours injuries that occur on the employers’ premises. While the compensability of these injuries is often in the “grey area,” your determination will be heavily dependent upon the facts of each situation.
What follows is a brief overview of the prevailing case law and a basic framework for making a compensability decision in these types of scenarios.
