TRENTON, N.J. (Legal Newsline) – An appeals court has ruled that a construction company must reimburse its employee for his medical marijuana prescription for chronic pain from a work-related accident.
Judges Joseph Yannotti, Heidi Willis Currier and Lisa A. Firko of the Superior Court of New Jersey’s Appellate Division affirmed the ruling on Jan. 13 in Vincent Hager’s suit against M&K Construction. In the appeal, M&K argued that the federal Controlled Substances Act makes it illegal to manufacture, possess or distribute marijuana, and cancels out the New Jersey Compassionate Use Medical Marijuana Act (MMA) as both statutes can’t be followed.
“Because we conclude the order does not require M&K to possess, manufacture or distribute marijuana, but only to reimburse petitioner for his purchase of medical marijuana, we discern no conflict between the CSA and MMA” Currier wrote.
The judges also noted that M&K following the CSA doesn’t mean that it would be aiding and abetting violations against federal law. Plus, M&K is not a private health insurer, so it’s not immune from reimbursing medical marijuana expenses.
The judges also ruled that Hager’s use of the medical marijuana was certainly reasonable as he exhausted his attempts from surgeries to medical modalities in attempt to cure his pain.
“Finding no legislative or legal barrier to an employer’s reimbursement of its employee’s expense for medical marijuana in a workers’ compensation setting, we affirm the order,” wrote Currier.
The judges also affirmed Hager’s cross-appeal in reference to the lower court judge awarding permanent partial disability of 65 percent of partial total.
Hager sued after a truck carrying concrete dumped the load on him in 2001 when he was 28. He suffered lower back pain that made its way to both of his legs. An MRI showed a central disc herniation that caused central canal stenosis and annular disc bulging.
While Hager’s health insurance first covered the medical treatment, he had to leave M&K in 2001 because of his back pain, so he was no longer covered with insurance, and he couldn’t pay for the ongoing treatments and testing.
He was later taken to the emergency room with chronic pain and underwent an unsuccessful surgery. While a physician suggested a spinal fusion, Hager couldn’t receive that operation because of a different medical condition.
He underwent another unsuccessful surgery before he was prescribed opioids and was prescribed medical marijuana and pays $616 a month out-of-pocket. A physician said he would probably need it for the rest of his life. He later filed a complaint for M&K to pay the expenses.