‘Game Changer’: Pennsylvania Workers’ Comp Can Reimburse Medical Weed Costs



‘Game Changer’: Pennsylvania Workers’ Comp Can Reimburse Medical Weed Costs | The Legal Intelligencer
















Jenifer Kaufman
Jenifer Kaufman, with Kaufman Workers’ Compensation Law. Courtesy photo

NEWS

The majority wrote that the dissenting judges’ determination ‘would eviscerate the entire [Medical Marijuana Act].’

March 20, 2023 at 03:36 PM

4 minute read

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What You Need to Know

  • A split Commonwealth Court panel ruled that an employer’s failure to pay its employee back for out-of-pocket marijuana costs violated the Workers’ Compensation Act.
  • The decision allows workers’ compensation claimants to seek reimbursement for work-injury-related medical marijuana use.
  • Judges Christine Fizzano Cannon and Patricia McCullough disagreed on the grounds that marijuana is still illegal at the federal level.

Pennsylvania workers’ compensation claimants may now seek reimbursement for the cost of medical marijuana used to treat work-related injuries, thanks to a precedential ruling entered by the Commonwealth Court.

A split en banc panel determined March 17 that an employer’s failure to pay its employee back for out-of-pocket marijuana costs violated the Workers’ Compensation Act.

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