Employer Must Reimburse for CBD Oil
- The Commonwealth Court of Pennsylvania has ruled that Pennsylvania workers’ comp statutes say an employer must reimburse an injured worker for CBD oil.
- The injured worker, an attorney, suffered a back injury while at work. He sustained an aggravation of degenerative disc disease when he picked up a heavy bag.
- He was proscribed pain medications including CBD oil. The law firm refused to pay for the CBD oil saying it was not a pharmaceutical drug.
- The court ruled that CBD oil fits within the definition of medicine and supplies and relieves the worker’s pain in lieu of possibly addictive opioids.
Proposed Rule Targets Compounded Drugs
- The Office of the Workers Compensation Program issues a proposed rule to vet the use of compounded drugs.
- The OWCP is proposing a pre-authorization process (form) to better scrutinize the prescriptions of compound drugs in programs administered by the OWCP
- Compounded drugs contain two or more ingredients, are not FDA-approved, and workers’ compensation insurers have often challenged their use.
- The proposed pre-authorization requirement is in response to a law signed by President Barack Obama.
Amazon Loses Over Flex Drivers
- Wisconsin’s Supreme Court rules that Amazon drivers are employees, not independent contractors.
- Amazon said that it hired flex workers to deliver small packages out of their cars, as opposed to Amazon vehicles.
- The court said Amazon didn’t meet all the requirements under Wisconsin’s independent contractor law.
- Classification of employees can have an impact on worker benefits including workers’ compensation.
Court says Worker Couldn’t Prove COVID Exposure
- The Superior Court of Delaware rules that a nurse could not prove that she contracted COVID at work.
- The nurse, Carol Hudson, claimed she contracted COVID from her employer Beebe Medical Center.
- The accident board concluded that she did not meet the burden of proof for that the COVID exposure arose out of or in the course of employment.
- The Superior Court agreed citing, among other things, that the Board’s acceptance of the testimony from the employer’s doctor was proper.
Washington Governor Signs Workers Comp Bills
- Washington Governor Jay Inslee signed two workers’ comp bills benefitting injured workers
- One bill, HAB 1927, increases the payments for time off.
- SB 2127 increases stay-at-home reimbursements.
- While both bills benefit workers, they will increase costs for employers