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Court: Medical marijuana can be reasonable, necessary treatment

April 01, 2022

Like other areas of the law, workers’ compensation is constantly changing. Most of the time the changes are nuanced interpretations of the law that may have little to no impact on your individual case. But sometimes the changes are more significant. It’s a good idea to keep up-to-date on these changes, especially if you’re considering seeking workers’ compensation benefits or are fighting to keep them. This week, let’s briefly look at one recent ruling by the New Jersey Supreme Court pertaining to workers’ compensation and medical marijuana.

Work injuries, workers’ compensation, and medical marijuana

The ways that workplace injuries are treated are constantly changing. That’s why one man who suffered a work-related back injury in 2001 was prescribed medical marijuana in 2016 as a way to ease his pain and address an opioid dependency that he has subsequently developed. The man claimed that workers’ compensation should reimburse him for the costs associated with obtaining his medical marijuana, which landed the case before the State’s supreme court.

In the case, the man’s employer vehemently fought to avoid paying for the medical marijuana, which ran as much as $600 per month. One of the biggest holdings by the supreme court, though, was that the employer failed to show that the use of medical marijuana isn’t reasonable or necessary treatment as is required under New Jersey’s workers’ compensation laws. In fact, the court held that with proper testimony, the use of medical marijuana can be deemed reasonable and necessary.

Don’t cut your workers’ compensation claim short

This case highlights how expansive workers’ compensation benefits can be. Therefore, you shouldn’t neglect seeking workers’ compensation reimbursement for your medical treatment simply because you feel like it won’t be reimbursed. Instead, discuss the matter with your legal professional to determine your best course of action moving forward, which may include crafting compelling arguments to push the court even further on requiring workers’ compensation providers to cover your treatment costs.

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Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

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