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Marijuana gaining acceptance for work injury treatment

The legalization of marijuana for both medical and recreational use is under consideration by a number of states. A subsidiary issue – the use of marijuana as a medical treatment – has been decided in favor of the plant by a number of states, including Connecticut. Anyone whose marijuana treatment satisfies the criteria specified in the statute is eligible for reimbursement for the costs of such treatment.

Another issue is now emerging: are employers and their workers’ compensation insurers required to reimburse injured workers for the cost of marijuana treatment? The issue is now before the Connecticut Supreme Court in the case of Petrini v. Marcus Dairy. The worker suffered a severe back injury that caused him debilitating pain and his doctors prescribed marijuana as treatment. The Workers’ Compensation Commission decided that the employer was liable for the cost of the treatments. Most observers expect the worker to prevail when the appeal is decided. A similar case is pending in Maine and the same outcome is expected.

The laws of some states expressly permit insurers to decline reimbursement for medical marijuana treatment costs. Some insurers are paying for marijuana treatments voluntarily because the medication is deemed to be reasonable and effective and because it is often cheaper than other treatments.

Anyone who has been prescribed medical marijuana as treatment for a work-related injury and is having difficulty obtaining reimbursement for the expense may wish to consult an experienced workers’ compensation attorney. A knowledgeable lawyer can provide advice on the law and evidence that apply to the case and whether an insurer can be compelled to pay for such treatment.

Source: Claims Journal, “Medical Marijuana Treatment Slowly Gains Traction in Workers’ Comp,” Denise Johnson, Feb. 20, 2018

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36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

1989 workers’ compensation claim settled for $125,000. Claimant originally sustained a low back injury when she slipped and fell at local grocery store resulting in low back surgery in 1989. Several years later, claimant exacerbated her low back injury. Claim was reopened and settled with carrier for $125,000 in 2006.

47-year-old deli clerk sustained low back injuries at work for local supermarket. Carrier originally denied claim on the grounds that the injury was pre-existing. After formal workers’ compensation hearing carrier accepted claim and paid all total disability benefits and medical expenses in excess of $100,000. Case then settled for an additional $100,000 after injured person received a permanent disability rating.

34-year-old male roofer sustained multiple injuries to his shoulder, neck, back and hip when he fell from roof during work. Claimant was provided workers’ compensation benefits in excess of $100,000 and settled remaining claims for an additional $55,000.

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68-year-old woman sustained neck and back injuries in rear-end collision and required extended course physical therapy, but was not a surgical candidate. Case settled for $100,000 prior to filing suit.

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