In this series, we will update you on always evolving Workers’ Compensation law and how those changes could impact your  rights and full benefits.

Attorney Bill Gregory of RG Injury Law Explains Medical Marijuana Under Workers Compensation Law in Pennsylvania

Does Workers’ Compensation Cover and Pay for Medical Marijuana or Cannabis or CBD, CBD Oil (Cannabinoids – the non-psychoactive form)? As of February 2020, five states have laws asserting that medical marijuana patients can receive reimbursement through Workers’ Compensation benefits, Connecticut, Maine, Minnesota, New Jersey, and New Mexico. Currently, only 17 states have legalized CBD oil, and Pennsylvania is not one of them. Our clients often ask if their Pennsylvania Workmans Comp Benefits will cover medically-prescribed marijuana or cannabinoids. This is not a simple question. Some states still prohibit reimbursement for medical marijuana and Florida and North Dakota have outlawed medical marijuana reimbursement by Workers’ Compensation. Most states, however, allow Workers’ Compensation insurers to pay for medical marijuana treatment. The Pennsylvania Workers’ Compensation Act requires insurance companies to pay for reasonable, necessary and related medical expenses for the injury, which was legally accepted (see our other blogs for this big issue). This provision applies to medications, as well.

Now that Pennsylvania has entered the era of legal marijuana, many injured claimants are opting to get off opiods for pain relief and move towards marijuana. This begs the ultimate question; will Workers’ Comp pay for it?

At RG Injury Law, we have had some initial success with our clients getting reimbursed for their medical marijuana use. (Reimbursement was the only method the insurance companies were willing to pay, as insurance companies were unwilling to have an appearance in directly paying for a Federally Scheduled 1 drug).

We are now running into an issue whereby the insurance company is conducting Utilization Reviews on the doctors who issue the medical card necessary to legally obtain medical marijuana in Pennsylvania. (The Utilization Review process occurs when a party requests an independent medical provider to review medical records to determine whether the treatment under review is reasonable and necessary. The reviewing organization reaches out to the doctor under review for their medical records associated with the Claimant. The doctor under review is supposed to turn over the medical records to the reviewing organization and should speak directly with the reviewer to discuss the treatment under review. Failure of the doctor under review to turn over the medical records automatically creates a finding that the treatment under review is unreasonable.)

The issue we are encountering is that the doctors under review are unwilling to turn over their medical records or participate in the process of the utilization review. By operation of law, this precludes the Workers’ Compensation insurance carriers obligation to pay or reimburse for medical marijuana.

Now you may ask what can be done? Well, the law does allow a review petition to be filed, but in the context where the doctor does not submit records to the reviewing organization, the judge lacks jurisdiction to overturn the review determination so a sick or injured worker in Pennsylvania who has been approved by a doctor to use medical marijuana cannot legally get it.

Fortunately, there may be a solution. The medical marijuana cards need to be renewed. And, you have a choice in which doctor to use in renewing your card.

We are advising all clients to seek out a doctor who is willing to confirm that they will participate in the utilization review process should your case go in that direction.

RG Injury Law does not take a position on what medications our clients use. We only care about the health and well-being of our clients. Not everyone is a suitable candidate to replace opioid medication with marijuana. It is prudent to speak with your doctor to determine what is best for you.

We are here to help Pennsylvania workers who have been injured on the job. Call for a free case review if you have questions about the full coverage of your wage loss benefits or payment of your future medical bills through Workers’ Compensation benefits. Contact Attorney Bill Gregory, whose experience, credentials, and success position him as one of the top injury and disability lawyers in Pennsylvania because knows how win compensation for victims of workplace injuries, people with disabilities, injury, illness, or death has impacted your life. Call us for a no-pressure, Workers’ Compensation benefits consultation at 717.656.5000. Clients pay nothing unless we recover money for them.

You have no risk to learn if we can help!

People have an inaccurate belief that they will get better results by hiring a Workers Compensation attorney in Philadelphia to win your Workers’ Comp case. That is NOT the case. Our winning record is the result of personalized attention and communication with clients, thorough knowledge of Workers’ Compensation Law in Pennsylvania, and former insurance insider’s experience. While we call Lancaster County, Pennsylvania, our home, personal injury law firm fight for clients with injuries and illnesses, and disabilities in need of personal injury lawyers, auto accident lawyers, Workers’ Compensation lawyers throughout the mid-Atlantic region from offices in Lancaster County that include service in Harrisburg, Hershey, Middletown, Annville, Mt. Gretna, Elizabethtown, Columbia PA,Lancaster City, Neffsville, Hempfield Township, Manheim Borough, Manor Township, Manheim Township, Gap, Ephrata, Lititz, Leola, Mt. Joy, Marietta, Akron, Denver, Millersville, Willow Street, Strasburg, New Holland, Paradise, Refton, Quarryville, Reamstown, West Chester, Coatesville, Exton, King of Prussia, and Malvern. RG Injury Law also fights for people with disabilities in the counties of Lebanon, Philadelphia, Chester, York, Dauphin, Berks, and Montgomery.

If you are worried about your PA Workers’ Compensation claim or appeal, especially those impacted by the Protz decision, call for a free case review if you have questions about the full coverage of your wage loss benefits or payment of your future medical bills through Workers’ Compensation benefits. Contact Bill Gregory, recognized as one of the top injury and disability Workman’s Compensation lawyers in Pennsylvania who knows how to help victims of workplace injuries, people with disabilities and their families after a work-related disability, injury, illness, or death has impacted your life. Call us for a no-pressure, Workers’ Compensation benefits consultation at 717.656.5000.

You may think you need a Workers Compensation attorney in Philadelphia to win your Workers’ Comp case. However, our winning record is the result of personalized attention and communication with clients, thorough knowledge of Workers’ Compensation law in Pennsylvania, former insurance insider’s experience.

We call Lancaster County, Pennsylvania, home and our PA personal injury law firm fights for clients with injuries and disabilities in need of excellent, winning personal injury lawyers, and Workers’ Compensation lawyers throughout the mid-Atlantic region from offices in Lancaster County that include service in Harrisburg, Hershey, Middletown, Annville, Mt. Gretna, Elizabethtown, Columbia PA, Lancaster City, Neffsville, Hempfield Township, Manheim Borough, Manor Township, Manheim Township, Gap, Ephrata, Lititz, Leola, Mt. Joy, Marietta, Akron, Denver, Millersville, Willow Street, Strasburg, New Holland, Paradise, Refton, Quarryville, Reamstown, West Chester, Coatesville, Exton, King of Prussia, and Malvern. RG Injury Law also fights for people with disabilities in the counties of Lebanon, Philadelphia, Chester, York, Dauphin, Berks, and Montgomery.