Small victory for medical marijuana proponents

Call now for a free consultation
Available 24/7

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

Michigan Court of Appeals ruling could signal big changes in workers compensation.

The Michigan Court of Appeals has issued a fascinating decision regarding medical marijuana. Employees who are fired after testing positive for drugs can still collect unemployment benefits. This decision has the potential for serious ramifications in the workplace and we anticipate it will be appealed.

The issue of medical marijuana has been controversial since it was approved by Michigan voters in a 2008 ballot initiative. We have seen employers take a very strong position against use in the workplace.

Workers Compensation

Workers compensation is supposed to pay for all reasonable and necessary medical treatment. This includes doctor visits, hospitalizations, surgery, physical therapy, prosthetics, and medications. It does not include medical marijuana as this was specifically exempted from the Act in 2012.

Testing positive for marijuana or another illegal drug could be a basis for disputing workers compensation benefits. However, it is not automatic as the drug use must have played a role in the workplace accident. It should never be assumed that an employee was intoxicated just because he or she failed a drug test.

Employers can also challenge workers compensation benefits if an employee was fired after violating a company rule or established policy. The idea is that light-duty work is available but for the actions of the employee. Many employers have a strict policy against employees using marijuana.

Marijuana is a controversial issue and many people oppose its legalization. Others believe it is essential to treat individuals with specific medical conditions. We expect more litigation as this issue continues to get more attention.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Rick Braska v Challenge Manufacturing Company

Photo courtesy of Creative Commons, by tharms5.

One Response

Leave a Reply

Your email address will not be published.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.