NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana
Facts
Facts
In a case of first impression, the New Jersey Appellate Division held in January 2020 that an employee’s costs to use medical marijuana to treat chronic pain resulting from a work place injury is reimbursable by his employer.
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law Against Discrimination (“LAD”) may require employers to reasonably accommodate employees who use medical cannabis permitted by the state’s Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq. (“CUMMA”).
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