Proposed Bill Prevents Employers from Forcing Concurrent Leave for Workplace Injuries
- Vermont’s House Bill 459 proposes a ban on large employers forcing the simultaneous use of paid family leave during active workers’ compensation claims.
- Under existing policy, employees often exhaust their protected leave benefits, leaving them without coverage for future, unrelated family emergencies or medical needs.
- Proponents argue this change protects worker security, while debate continues over the potential administrative burden on businesses.
Court Denies Workers’ Comp Reimbursement for Medical Marijuana
- The Second Circuit Court of Appeals ruled that federal workers’ compensation does not cover the cost of prescribed medical marijuana, denying reimbursement for a permanently disabled resident.
- The petitioner sought compensation for cannabis products under the Longshore and Harbor Workers’ Compensation Act.
- Because marijuana remains a Schedule I substance under federal law, the court held it has no recognized medical use.
- Consequently, the drug cannot be considered a “reasonable and necessary” expense for federal reimbursement.
NJ Settlement Highlights Misclassification Risks for Workers’ Comp
- New Jersey’s $7 million settlement with PDX North underscores the critical importance of proper worker classification to avoid violating workers’ compensation laws.
- Misclassifying drivers as independent contractors allowed the company to evade mandatory contributions to essential state funds.
- This case reinforces the strict “ABC test” used to determine eligibility for employee protections and benefits.
- It serves as a significant warning for employers regarding compliance, liability, and the severe penalties associated with misclassification.