NJ Court Sets Precedent: Employer Must Reimburse Worker For Medical Marijuana In Workers' Comp Case

In a landmark decision, the New Jersey Appellate Division has set a precedent by ruling that an employer must reimburse an employee for medical marijuana expenses within the context of a workers' compensation case.

This ruling came in the case of Vincent Hager v. M&K Construction, where Hager suffered a debilitating workplace injury in 2001.

What Happened

According to The National Law Review, Hager experienced chronic pain stemming from herniated and annular discs in his spine, as well as nerve damage, despite undergoing spinal surgeries and opioid pain relief treatments.

As an alternative to opioids, he turned to medical marijuana, prescribed by a qualified physician. This approach alleviated his pain, improved his sleep, and reduced his reliance on opioids.

See Also: New Study Proposes Clinical Framework For Cannabinoids To Treat Chronic Pain, Address Opioid Crisis

NY Court Ruling

• The workers' compensation judge found a causal link between Hager's condition and his workplace accident, determining a permanent partial total disability of 65%. Notably, 15% of this disability was attributed to medical marijuana use.
• The judge ordered M&K Construction to reimburse Hager for his medical marijuana expenses.

M&K Construction contested the ruling, claiming that federal law, particularly the Controlled Substances Act (CSA), preempted New Jersey's Compassionate Use Medical Cannabis Act (CUMMA).

The company argued that reimbursing Hager for medical marijuana expenses would constitute aiding and abetting a federal crime.

The Appellate Division disagreed, stating that it was not impossible to comply with both the CSA and CUMMA.

Furthermore, there was no evidence of federal prosecution for such reimbursements.

The court also stressed that Hager's medical marijuana use was reasonable and necessary, considering his chronic pain and failed alternative treatments, ultimately allowing him to cease opioid use.

Read Next: Cannabis Can Help Reduce Unregulated Opioid Use And Manage Cravings, Study Finds

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