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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Tuesday
May022017

Breaking News on Medical Marijuana in Maine Workers' Compensation

We have just learned that the State of Maine Supreme Judicial Court, sitting as the Law Court, has accepted Bourgoin v. Twin Rivers Paper Co., L.L.C., and Decision No. 16-26, one of a pair of Administrative Law Judge decisions addressing medical marijuana that the Appellate Division affirmed last summer.  The Law Court will examine the question of whether the Administrative Law Judge erred by compelling reimbursement for medical marijuana as reasonable and necessary under the Workers’ Compensation Act, despite the fact that marijuana remains a Schedule I drug under federal law.  Further, the Law Court will address the question of whether the carve out under the Maine Medical Marijuana Act for “public health insurers” serves to bar an order compelling reimbursement by an insurer under the Maine Workers' Compensation Act.  One has also to imagine that the impact of the Supremacy Clause will be part of the analysis, as well.  We will monitor this matter and share up-to-the minute information as the issue moves through review and determination by the Law Court.

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