1. WORKERS’ COMPENSATION/ MEDICAL MARIJUANA It’s a Whole New Game
Featured Speakers:
Michael Semanie|Nicholas Mirowsky
Moderated by: Steven Gibson

2. Administrative Details
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3. Introductions Michael Semanie Nick Mirowsky Steven Gibson
Attorney, Partner
Killgore Pearlman Stamp Ornstein & Squires
President
Drug Free Services, Inc.
Representing Total Compliance Network
President
Dealer Risk Services, Inc.

4. What Has Changed
Florida Office of Insurance Regulation approved a 14.5% rate increase in Workers’ Compensation
Passage of Medical Marijuana
OSHA Rulings for Post-Accident Drug Testing
Increased Potential for Employment Claims

5. Market in Limbo November 23, 2016—Leon Country
Circuit court judge ruled WC rate increase violated Florida’s Sunshine Law
November 28, 2016—OIR Submits Notice of Appeal
1st District Court
Approved stay; pending appeal
Dec. 2016—Rate in Effect…For Now

6. The Cost of Workers’ Comp
Rate Increase of Almost 15%
Pressure on Carriers to Reduce Dividend Offerings
Uncertainty regarding rate increase
Increased Claim Costs/Potential for MOD Increases
2016 FL Supreme Court decision- cap on attorney fees ruled unconstitutional
Castellanos Case (April 2016)
Extension of Temporary Total Disability Benefits from 104 Weeks to 260 Weeks
Westphal Case (June 2016)

7. OSHA Post-Accident Drug Testing
OSHA Ruling—OSHA believes post-injury drug testing policies deter proper reporting
Conflicting requirements with blanket post- accident drug testing—OSHA vs. Florida DFWP
FAQ
Who takes precedence: OSHA or Florida DFWP?

8. Drug-Free Workplace Policy
The General Principle:
Drug testing may be used to evaluate the root causes of workplace injuries and illness if appropriate, but not as discipline
FAQs
Do we have to accept a Medical Marijuana Prescription?
How do we update our post-accident drug testing procedures to make sure that we comply with the ruling?

9. DFWP Policy Amendment
This company is in agreement with the Federal Government that marijuana is an illegal controlled substance and will not recognize medical marijuana as a legitimate prescription. A positive test result for marijuana will be treated the same as any other positive test result, even if an employee or applicant has a medical marijuana prescription.

10. Wrongful Termination Claims
Have Counsel Review and Update Employee Handbook
Be Consistent
Establish disciplinary/termination guidelines
Recognize ADA/FMLA guidelines
FAQs
If an employee/applicant has a prescription for Medical Marijuana, can we not fire or hire that employee/applicant?
Can we keep an employee who fails a drug test for marijuana who has a medical marijuana prescription and fire an employee who does not have a prescription and/or fails for any other substance?

11. Review What Should We Do? Increase Loss Control Efforts
Initiate Claims Advocacy
Amend Drug-Free Workplace Guidelines to Address Medical Marijuana
Have Counsel Review/Update Employee Handbook with Regards to Drug Policies
Develop Specific Employee Disciplinary/Termination Guidelines and Review with Counsel

12. Questions, Comments, Concerns?
Thank You for Your Attendance!