Curated Content Articles of Interest from Around the Web

    Reasonable and Necessary” Test for Federal Workers’ Comp

    Why Federal Workers’ Comp Law Refuses to Cover Cannabis Costs

    • Federal authorities have determined that medical marijuana is not a reimbursable expense under the Longshore and Harbor Workers’ Compensation Act. 
    • Because cannabis remains a Schedule I controlled substance, it cannot be classified as a legally “reasonable and necessary” medical treatment for workers’ comp purposes. 
    • This decision reinforces the federal supremacy of the Controlled Substances Act over conflicting state medical marijuana programs. 
    • Consequently, employers and carriers operating under federal statutes are protected from mandated reimbursement for medical cannabis.

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    Validating Termination for Psychological Incapacity

    • The Fair Work Commission upheld a worker’s dismissal after medical evidence confirmed an inability to perform duties due to psychological incapacity. 
    • This ruling clarifies that employers can legally terminate staff when permanent impairment prevents them from fulfilling inherent role requirements. 
    • For workers’ compensation stakeholders, the case highlights the critical intersection between long-term disability claims and employer rights to productivity. 
    • The decision reinforces the employer’s position when no alternative duties are available.

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    Montana Businesses to Benefit from 13th Consecutive Workers’ Comp Rate Decrease

    • Montana businesses will see an average 8% reduction in workers’ compensation premium rates starting July 1, 2026. 
    • This 13th consecutive annual decrease, approved by Commissioner of Securities and Insurance James Brown, is attributed to improved workplace safety and fewer injury claims statewide. 
    • Since 2011, combined legislative reforms and employer safety initiatives have led to a cumulative rate drop of approximately 57%. 
    • These lower costs aim to enhance Montana’s business climate while maintaining necessary medical and wage benefits for injured employees.

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