New marijuana ruling in Pennsylvania

• Costs specific to the state-sanctioned use of medical cannabis are eligible for reimbursement under workers’ compensation laws, according to a new ruling by a Pennsylvania Appellate Court.
• The justices determined that the Workers’ Compensation (WC) Appeal Board erred in denying the plaintiff’s claim and reversed their decision.
• Connecticut, New Hampshire, New Jersey, New Mexico, and New York allow for employees to have their medical cannabis expenses reimbursed.
• Maine, Massachusetts, Minnesota, Florida, North Dakota, Ohio, and Washington prohibit workers’ compensation insurance from reimbursing medical marijuana-related costs.
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• The U.S. Labor Dept. updated the Federal Employees’ Compensation Program which will streamline claims processing for federal firefighters with certain occupational diseases.
• The update, included in a new program bulletin that explains the 2022 changes, implements provisions of the Federal Firefighters Fairness Act.
• The program changed its policy to ease requirements for evidence provided by federal firefighters to connect their toxic substance exposure with certain diseases and illnesses.
• The National Defense Authorization Act for the fiscal year 2023 establishes that fire protection activities can be the proximate cause of certain illnesses and diseases.
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Kansas dealing with workers’ comp challenges

• Over the past 112 years, a powerful pro-business lobby has created challenges for workers’ compensation laws in Kansas.
• Worker’s comp remains the only remedy an injured worker or his or her family has against their employer under Kansas’ “exclusive remedy” laws.
• Kansas is now one of only a few states that cap benefits to permanently and totally disabled workers.
• The current cap is $155,000 for the remainder of the worker’s life — regardless of age, number of dependents, or severity of the injury.
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Acquisitions mean higher workers comp prices

• When hospitals acquire physician practices, the cost of providing care for workers’ compensation claims rise, according to the Workers Compensation Research Institute.
• Between 2012 and 2018, the percentage of the hospital- or health system-owned primary care practices increased from 32% to 49%.
• WCRI economists expect that increases in provider consolidation lead to higher bargaining power of these providers over prices and result in higher payments for care.
• Provider consolidation may lead to more instances of facility fees being included in medical bills for similar types of care that are provided by vertically integrated physicians.
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