Under certain situations: YES. An injured worker can receive reimbursement for medical marijuana. In a recent New Jersey Court decision, the court held:
Here, where petitioner has demonstrated the severity and chronic nature of his pain, his attempts to unsuccessfully alleviate the pain with multiple surgeries and medical modalities, and the validated efficacy of the prescribed medical marijuana, we find the use of medical marijuana is reasonable and necessary.
However, because there is a conflict between federal and state laws regarding the use of medical marijuana, most Workers’ Compensation insurance companies will not willfully provide it, so getting medical marijuana is complicated. To get medical marijuana a doctor must prescribe it, you must show that it is reasonable and necessary for the treatment of your work accident, and, to date, a Judge must Order it. Also, keep in mind that the use of medical marijuana is relatively new, so the law is changing quickly and the recent decision mentioned above might be challenged. For these reasons, if you’ve been injured at work and are dealing with this issue, feel free to contact our Worker’s Compensation department at our law firm.
By: Chris Hoskey, Esq. and Michael Raff, Esq.Posted by raffadmin Posted on 06 Mar