On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision holding that the costs of medical marijuana are to be reimbursed by workers’ compensation insurance companies and self-insured employers under the Pennsylvania workers’ compensation act.
In a 5 to 2 decision the majority of the Court analyzed both Federal laws and the Pennsylvania Medical Marijuana Act, as well as the Pennsylvania Worker’s Compensation Act, concluding that Employers and their Workers’ Compensation insurance carriers were required to reimburse an injured employee who is using medical marijuana for their out-of-pocket expenses for this treatment expense. In so doing, the Court reversed a decision from the workers’ compensation Appeal Board which had held that these expenses were not payable because of current federal law regarding marijuana use, even for medical purposes.
This decision represents a change in the workers’ compensation laws that many were hoping would occur and now makes clear that these are expenses recoverable by injured employees.