Patchwork Of Marijuana Laws Results In Finding In Favor Of Medical Marijuana Reimbursement For Pennsylvania Workers’ Comp Claimants

Marijuana in the United States is a confusing topic for many people. In the past decade or so, it is clear that states have loosened up their marijuana laws, and now most states have at least legalized marijuana for medical use, if not also for recreational use for those over a certain age. But marijuana legalization is not only an action leading to overhaul and reform in criminal laws, but there are important legal questions that arise in many other areas of law when it comes to the impacts of marijuana legalization. One such question recently was put forth to a Pennsylvania appeals court: Do Pennsylvania state medical marijuana laws allow workers’ compensation insurers to reimburse injured workers for the cost of medical marijuana? That court answered “yes.”

Medical Marijuana and Workers’ Compensation

The critical question put forth to the Pennsylvania appeals court was whether an employer’s workers’ compensation insurance company should reimburse an injured worker for medical marijuana if that worker uses medical marijuana as part of their injury treatment. The court determined that there is no bar under state or federal law for workers’ compensation insurance companies to do so. The lower court had ruled that reimbursement should be denied, agreeing with the workers’ compensation insurance company’s  argument that it would be barred under federal law from making such reimbursements, since marijuana is not legal for medical purposes under federal laws. The appeals court overturned this decision, holding that the insurance companies would be doing nothing illegal under federal law, since reimbursing injured workers for the cost of medical marijuana is not prescribing the drug itself, but rather just reimbursing the cost of the drug.

Medical Marijuana and Workers’ Compensations Claims in Louisiana

As demonstrated by the recent workers’ compensation case in Pennsylvania, medical marijuana laws vary from state to state, and the law of the state of jurisdiction in the workers’ compensation case is extremely important. Accordingly, it is important for injured workers to fully understand the impacts of medical marijuana usage on their workers’ compensation claim, based on their state’s legal framework regarding medical marijuana and workers’ compensation. If you are located in Louisiana, the best place to get the most up-to-date information about medical marijuana and its potential impact on your workers’ compensation case is to speak with an experienced Louisiana workers’ compensation lawyer.

Help with Your Louisiana Workers’ Compensation Claim

If you are located in the Louisiana area, the experienced and skilled workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe are a great resource for getting started with your workers’ compensation claim. They offer a free and confidential consultation to learn about your workplace injury and to see if they can help you secure important Louisiana workers’ compensation benefits. Contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe today and speak to an experienced Louisiana workers’ compensation lawyer about your rights and options for free.

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businessinsurance.com/article/20230317/NEWS08/912356242/Insurers-may-reimburse-injured-workers-for-medical-pot-Court-Pennsylvania-Fires