Eskridge Law

Whether an #employee for the #cannabis #industry may file for #workerscompensation is a two-part question, and the employee would have to pass both hurdles. All #employers are required to carry #workerscompensation insurance for their #employees in #California. Is #medical #marijuana an acceptable treatment for a work-related #injury, will the cost of the medical marijuana be covered under a #workerscomp claim, and can testing positive for #THC undermine a claim’s case? ... With regard to #workerscompensation programs, the question is twofold. First, can a #workerscompensation claim be denied if an #employee tests #positive for using state-approved #medical #cannabis? Second, can an injured #employee seek #reimbursement for #medicalmarijuana to treat a #workplaceinjury? #Caselaw is sparse on the first question. #Workerscompensation carriers will no doubt point to state statutes disqualifying #employees with workplace injuries caused by #intoxication, while employees will explain that any positive tests resulted from lawful, off-duty use. #Courts must consider different burdens of proof under #statelaw and the less-than-reliable means of pinpointing levels of #intoxication from #cannabis using testing techniques. The second question whether an #employee is entitled to be reimbursed for #medicalmarijuana that is used to treat a #workplaceinjury is a new and evolving issue. In #California, the question remains #unsettled.

With #federal law still holding #cannabis as an #illegal substance, the cannabis industry may run into roadblocks when looking to #insure its business. This division in #federal and #state law has created speciality #insurance businesses willing to work with the #cannabis industry. Just like any other #business, the #cannabis industry requires #protection from several different types of #liabilities. ... General #liabilityinsurance would protect a #cannabis #business from claims including #bodilyinjury, property damage, #personalinjury, and several others. A person can still walk into a #dispensary, #slip on a wet floor, and bring a normal claim against the company, regardless of the #legal status of #cannabis itself. While general #liabilityinsurance is not #mandatory, it could help a #business during a small accident which occurs on the property. The #cannabis industry should not feel a need to forgo #insurance due to the nature of its #business. Obtaining general #liabilityinsurance could protect a #cannabis business from claims for bodily harm, medical expenses, property damage, and limit #legalfees. #Productliability #insurance would protect a #cannabis #business if a defective product is sold to a customer, involving a product which caused illness or side effects. If a #cannabis #business obtains #productliability #insurance, it could mitigate damages for claims of cannabis use causing injury to a third party, product recall, or a lawsuit for defects in the product.

No-Match Letters from Social Security Administration https://www.eskridgelaw.net/no-match-letters-from-social-s/ #ssa #socialsecurity #nomatch

The Timeline of Cannabis Legislation in California https://www.eskridgelaw.net/the-timeline-of-cannabis-legis/ #cannabis #cannabisLegal #CannabisMedicinal #CannabisMedicine #CannabisWorldRegulation #california #LegalizeIt

New California Regulations Forbid Pre-Employment Scheduling Inquiries Relating to Religious Creed, Disability, and Medical Conditions https://www.eskridgelaw.net/new-california-regulations-for/

The best compliment a client can give is a referral. A surprise bouquet of flowers comes in as a close second! #EskridgeLaw

New California Regulations for Pre-Employment Practices Relating to Age Discrimination https://www.eskridgelaw.net/new-california-regulations-for/

Happy Boss’s Day, to a wonderful lady! Thank you @andesflorist for the gorgeous arrangement.

https://www.eskridgelaw.net/aaa-30/ California Family Rights Act (CFRA) the Basic Rules

https://www.eskridgelaw.net/covid-19-liability-waivers-are/ COVID-19 Liability Waivers: Are They Legal in California?

https://www.eskridgelaw.net/can-you-sue-for-fear-of-contra/ Can You Sue for Fear of Contracting COVID-19?

https://lnkd.in/gTE7kk6 Beware of Team-Building Exercises That Can Lead to Harassment Claims

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