Author: JGL Law

On December 1, 2017, the State of Maryland joined 29 other states and the District of Columbia, allowing the sale of medical marijuana to residents in pain. The new law allows for thousands of Marylanders to seek a method of treatment previously unavailable to residents of the state. Medical marijuana is now available in Maryland for any condition that is severe in which other medical treatments have been ineffective, and if the symptoms “reasonably can be expected to be relieved” by marijuana. Patients with a chronic or debilitating medical condition that causes severe appetite loss, severe or chronic pain, severe nausea, seizures or severe muscle spasms also can have access, as well as people with glaucoma or post-traumatic stress disorder.

Can an injured worker in Maryland receive and be compensated for medical marijuana treatment?

No one in Maryland has a definitive answer to this yet. Workers Compensation law in Maryland provides that if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease, the employer or its insurer shall provide to the covered employee medical, surgical, or other attendance treatment; hospital and nursing services; medicine; crutches and other apparatus; and artificial arms, feet, hands, and legs and other prosthetic appliances. Md. Labor and Employment Code Ann. §9-660(a)(1-5). Some workers who have experienced a compensable injury under Workers Compensation law may prefer to seek treatment with a medical marijuana dispensary in Maryland. This is not uncommon given the documented effects of cannabis and cannabinoid treatments. Now that medical marijuana is legal, the question is, will the Maryland Workers Compensation Commission approve treatment that includes medical marijuana consumption?

It is too early to refer to Maryland case law for answers to this question, but other jurisdictions have ruled on whether or not medical marijuana is a compensable form of treatment. While Maryland might ultimately decide not to follow other jurisdictions, it will certainly carefully review the conclusions of sister states.

In one of the few cases on the subject, the New Mexico Court of Appeals held that marijuana may be a “reasonable and necessary” medical treatment for a workplace injury, and if a treatment is reasonable and necessary, the employer and its insurer must pay the bill.  See Vialpando v. Ben’s Automotive Services, 2014-NMCA-084, 331 P.3d 975 (N.M. Ct. App.), cert. denied, 331 P.3d 924 (N.M. 2014); see also Lewis v. American Gen. Media, 355 P.3d 850, 856-58 (N.M. App. 2015) (rejecting challenge to reimbursement for medical marijuana under Workers’ Compensation Act based on federal preemption); cf. Maez v. Riley Indus., 347 P.3d 732, 735-37 (N.M. App. 2015) (finding sufficient evidence that medical marijuana was medically necessary).

The New Mexico Court of Appeals found that New Mexico’s Workers’ Compensation Act does not prohibit a healthcare provider from authorizing medical marijuana treatment for an injured worker in the course of the treatment for his workplace injury. According to New Mexico’s highest state court, as long as the treatment is “reasonable and necessary”, and approved by a workers’ compensation judge, the employer is responsible for paying for it under New Mexico law. Additionally, the Court found that federal law does not preclude repayment for medical marijuana under New Mexico’s Workers’ Compensation Act. 

Outside of New Mexico, administrative actions taken in California and Minnesota have also authorized reimbursement for medical marijuana under workers’ compensation law.  In Cockrell v. Farmers Insurance and Liberty Mutual Insurance Company, 2012 Cal. Wrk. Comp. P.D. LEXIS 456, a California workers’ compensation court held that the use of medical marijuana was reasonable and necessary under the state workers’ comp law, and that the Compassionate Use Act of 1996, which legalized medical marijuana in California, did not bar reimbursement.  In Minnesota, regulations promulgated by the Department of Labor and Industry (“DLI”) address the criteria for treatment of the most common work-related injuries, and also prohibits the use of “illegal substances” as part of workplace injury treatment.  In July 2015, the DLI issued new rules that redefine “illegal substance” and specifically exclude from the definition medical marijuana prescribed under state law.  Therefore, medical marijuana is a permissible and reimbursable form of medical treatment for workers’ compensation claims in Minnesota.

Surely this issue will be litigated within the Workers Compensation Commission and in Maryland’s appellate courts in the months and years to come. How Workers Compensation Commissioners and state court judges decide to rule on the compensability of medical marijuana treatment for injured workers are decisions that will undoubtedly draw interest from employers, insurers, medical providers, and workers across the state. Will the Workers Compensation Commission in Maryland choose to adopt this “reasonable and necessary” standard applied in other jurisdictions? Or will Maryland set a new standard for itself on the issue? Will the Maryland legislature decide to provide a legislative answer to this question by allowing (or prohibiting) the Maryland Workers Compensation Commission to authorize medical marijuana as treatment? What effect would allowing medical marijuana treatment in workers compensation cases have on the vocational rehabilitation process? Are the dispensaries and medical marijuana providers operating and set to operate in the state equipped to address the needs of the workers’ compensation community? The Workers Compensation attorneys at JGL are keeping an eye on this and other cutting edge developments.

While personal lives and professional business relationships may appear to be very different, they actually can share very similar qualities and principles.   In fact, many aspects of a successful business mirror those found in a successful personal relationship. It can be a worthwhile exercise to apply some well-heeled practices to one’s personal relationship in order for it to reach its fullest potential. Here are a few business practices that can be converted and used to enhance one’s personal relationship:

1. Communication. In a successful business, it is important that one reaches out to their customers and business partners frequently in order to keep things running smoothly. The same goes for a personal relationship. After all, communication is a key part of any relationship. Although effective communication requires a lot of hard work and strategizing, both successful personal relationships and successful businesses depend on problem-solving, negotiation, and collaboration among all parties for both a strong foundation and a positive outcome.

2. Value and commitment. For both businesses and personal relationships, it is important to invest in making it work out. Not only is investment important, but it is important that both partners take something equally beneficial from the relationship.

3. Focus. Relationships and businesses take time, commitment, and arguably the most important – focus. In businesses, it is important to pay attention to customers’ and partners’ needs in order to work through any difficulties that may arise. In relationships, it is equally important to focus on a partner’s needs and emotions in order to solve problems.

4. Time to go. Sometimes, things don’t work out. And that is okay. In both business and personal relationships, is important to recognize when it is time to walk away. If that doesn’t happen, both parties risk damage to their personal health and well-being.

Strategies that prove successful in business can indeed be employed to strive for greater success in a personal relationship.  Success in both worlds takes hard work, focus and commitment. Despite best efforts, however, sometimes those relationship may not succeed.   

Like a business that needs to wind down and shut its doors, a relationship that is coming to an end may also require a thoughtful, educated and calculated means to draw it to a close. An experienced and knowledgeable divorce attorney can guide an individual who is in a relationship that is ending through parenting disputes and financial challenges in order to reach a positive and successful resolution.

The Dating Advisory Board’s Jen Hecht interviewed Joseph Greenwald & Laake principal attorney David Bulitt for an online video segment discussing how people can apply successful business techniques in their personal relationships.   During the interview, David discusses the ins-and-outs of divorce law and some of the themes that he tends to see in his legal practice. David also discusses his second book, Because I Had To, published in January 2017.

The Dating Advisory Board is an online vlog hosted by Hecht that takes real-world business strategies from many industries to show how they can be used to create a dating strategy. The goal of the website is to empower women to approach their lives and the dating world with passion, clarity and conviction.

David Bulitt is a family lawyer, and JGL’s Assistant Managing Director. For years, David has been included amongst the DC area’s top divorce lawyers and is a published author.

Click here to learn more about David’s legal and writing careers in this web show interview.

On March 15^th, JGL principal attorney Reza Golesorkhi celebrated Nowruz with the Iranian-American Coalition and Congresswoman Nancy Pelosi in Washington DC Nowruz is a holiday celebration in honor of both the arrival of the Persian New Year and the beginning of spring. Congresswoman Pelosi was the keynote speaker and Joseph Greenwald & Laake was one of the sponsors of the fourth annual reception. The event was held at the Carnegie Institution for Science in Washington DC

The event brought together distinguished members of the Iranian-American community, and allowed attendees to celebrate Nowruz, strengthen relationships, portray positive images and develop greater awareness of the community. The event was hosted by the Iranian-American Coalition, a group made of ten prominent Iranian-American organizations in the region including Children of Persia, West Asia Council, Iranian American Bar Association and the Society of Iranian American Health Professionals.

Reza is widely recognized as one of a handful of elite divorce lawyers in the Maryland Virginia and Washington DC area. He has gained a reputation as a skilled trial lawyer with a unique command of the courtroom that sets him apart. Reza handles a broad range of family law matters, and has a keen understanding of Family Law and Business, making him the go-to lawyer for high net-worth individuals.

NCAA’s March Madness is a time of athletic competition and excitement nationwide. JGL principal Brian Markovitz shares his perspective on how employers can manage their employees during this (seemingly distracting) time with Law360. From providing office pools to allowing free time to watch the game(s),employers have the chance to make this tournament a positive experience for all. Markovitz says, “I think you’ll get more in return from being cool about it than from being draconian.” He continues to say, “If someone’s a die-hard fan of some team and [they’re] going to play at a certain time, you should give them some leave and let them do it.” According to most in this article, with modern technology like smartphones and the Internet, to embrace the tournament could be more beneficial and less distracting than to fight it. To read the entire article, click on the image below.

In his practice, Markovitz serves clients from a variety of industries including government, construction, healthcare, and many more. His clients trust him to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. Markovitz brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. His goal isn’t just to win the case – it’s also about helping each client in every way he can.

On March 13^th, Senior paralegal Jamerra Cherry testified in front of a House-Hearing before the Environment & Transportation in support of Bill 832. This Maryland House bill aims to provide Baltimore city residents some reprieve when it comes to renting in the city. Specifically, with the passing of this bill, there will be an extension from the 5^th to the 14^th day after filing of a certain complaint when a certain individual may be ordered to appear in court in a certain repossession action in Baltimore City. Additionally, this bill will require a court to reschedule a certain hearing and a sheriff to refund certain fees if the sheriff is unable to serve a certain summons in Baltimore City under certain circumstances.

“My main purpose of testifying in support of Bill 832 is to provide city renters more support and time to respond to issues that arise with the property,” says Jamerra. “When it comes to where people call home, the residents deserve respect.” JGL is proud of Jamerra’s work to help others and will continue to monitor her success. 

Joseph Greenwald & Laake attended the “Women Who Mean Business” panel discussion on March 14th held in the James Proctor Building at Bowie State University. This event is hosted by the Prince George’s County Economic Development Corporation, Bowie State University and WETATI. 

Attendees had the opportunity to learn from leading women in Prince George’s County on how to think, work and lead entrepreneurially. Panelists included Dr. Margaret Dureke, president and CEO of WETATI; Patrina Clark, founder and president of Pivotal Practices Consulting; Dr. Sheila Brooks, president and CEO and SRB Communications; and Veronica Jeon, founder and CEO of V. Agency, Inc.

A team from JGL galvanized this past Sunday to volunteer time and energy to assist those in our community facing immigration challenges. On Sunday, March 4, 2018, JGL partnered with Ayuda, Catholic Charities, and the DMV Immigration Alliance to host an Immigration Consultation Clinic in Silver Spring. The Clinic comes at a particularly critical time for Maryland’s immigration population, especially those affected by the Deferred Action for Childhood Arrivals (DACA) program.

JGL’s Maritza Carmona organized the JGL team, which included volunteer attorneys and staff interpreters conducting intake interviews with walk-in clients seeking advice on a broad array of immigration issues. Attorneys then consulted with experienced immigration attorneys, and provided legal advice to the clients regarding their options. Some 50 clients were served at this clinic. JGL has a strong commitment to access to justice. “JGL is proud to participate in pro bono events, such as this Immigration and Consultation Clinic, which can help those in our community desperately in need of sound legal advice and options,” said JGL’s Veronica Nannis.

In addition to providing volunteer attorneys and staff members, JGL also catered the event. Participating JGL attorneys included Veronica Nannis, Maritza Carmona, Alyse Prawde, Lauren Agresi, and Brenda Adimora. Staff member Vanessa Hernandez also participated as a volunteer Spanish interpreter.

JGL Principal Veronica Nannis was recently appointed to Ayuda’s Board of Directors. Ayuda is an organization solely focused on serving clients in the DMV by providing free legal work, social work and language access services to immigrants from 104 countries, 70 percent of whom are Spanish-speaking.

On Saturday, March 3rd, members of the Hispanic Bar Association of DC participated in the DC Bar Pro Bono Immigration Clinic to assist those in need of legal assistance. Attorneys conducted intake interviews with walk-in clients to discuss their needs and concerns. Attorneys then consulted with experienced immigration attorneys, and provided legal advice to the clients about potential eligibility for relief. JGL associate and Hispanic Bar Association of DC member Maritza Carmona was one of many who participated in the pro bono event in an effort to help others during a particularly critical time for the immigrant population, especially those affected by the Deferred Action for Childhood Arrivals (DACA). In total, attorneys served 58 clients. “Helping others in legal need is something that will always remain a top priority for me personally and professionally,” says Carmona.

Maritza M. Carmona is a trial lawyer in the firm’s Civil Litigation practice group with strong experience in protecting the rights of victims in Maryland and the DC area who have suffered injustice resulting from a variety of civil rights violations, including police misconduct and excessive force. She also helps employees recover the compensation they deserve after being wrongfully terminated or subjected to workplace discrimination, hostile work environment or retaliation on the basis of race, national origin, gender, age, disability and other protected classes. Maritza also represents employees dealing with internal administrative grievance processes, as well as other issues, such as violations of the Family and Medical Leave Act.

Helping victims and underprivileged individuals was Maritza’s focus before she started her formal legal career.  While in law school, Maritza worked as a supervised student attorney in the Gender Violence Clinic conducting client intakes and representing disadvantaged individuals in divorce and custody proceedings and protective order hearings. She also compiled a nationwide survey and testified before a state legislative committee in favor of legislation to support human trafficking victims. Before law school, Maritza served in the Peace Corps in the Republic of Georgia.

Photo above courtesy of the Hispanic Bar Association of DC Facebook page.

JGL attorney Megan Benevento was invited by the Maryland State Council on Child Abuse and Neglect to testify in support of two child sexual abuse prevention bills, HB 1072 and HB 1571, due to her high involvement with two recent child abuse cases involving the Harbour School at Baltimore and Sylvania Woods Elementary School. Megan testified before the Maryland legislature’s House Ways and Means Committee on Thursday, March 1, 2018. Both bills will assist in the prevention of child abuse within the school system. Specifically, bill HB 1072 will implement annual instruction and training on the prevention, identification and reporting of child sexual abuse. While bill HB 1571 will focus on the employment process of those within the school system. “These cases were 100% preventable and it is time that we look to our legislators to cure the systemic failures in our education system that enable this abuse to occur,” says Benevento. 

Megan Benevento is a civil litigation lawyer and dedicated advocate with deep experience in protecting and enforcing the rights of children, parents, and other individuals who are victims of the system. She handles a broad range of civil rights and general litigation matters before state and federal courts throughout Maryland and the Washington, DC area, including police brutality, child abuse, domestic abuse, significant personal injury, litigation, professional and malpractice, and class action fraud litigation.

Alimony is getting a new look in 2019 and it’s getting a lot of attention now- including the front cover of The Daily Record. Joseph Greenwald & Laake attorney Jeffrey Greenblatt’s perspective of the new 2019 alimony law is used throughout the article. “There is a benefit to getting divorced this year because next year the playing field is going to change,” said Jeffrey N. Greenblatt. The new law will remove any and all federal tax deductions for alimony payments effective January 1^st, 2019. Many legal experts believe there will be a rush to get divorced this year in anticipation of the change having a seemingly large financial impact for all divorces involving alimony. Greenblatt goes on to say, “I think it’s going to be harder to get as much alimony. There is no benefit to the payor.”

For more than 43 years, Jeffrey N. Greenblatt has focused exclusively on representing individuals in complex, emotionally-charged family law matters in Maryland. Jeffrey has extensive trial experience and has negotiated out-of-court resolution experience in every type of family law dispute that impacts his clients’ lives.

To read the full article, please click on the image below.