Breaking News         Latest US News              New York News              Fx Tribune

Questions to Ask a Delivery Company Before Forging Partnerships
In a decision released last Thursday, the New Hampshire Supreme Court ruled that a labor appeals board was wrong

Court Says Board Was Wrong to Deny Workers’ Comp for Medical Pot

In a decision released last Thursday, the New Hampshire Supreme Court ruled that a labor appeals board was wrong

Court Says Board Was Wrong to Deny Workers’ Comp for Medical Pot

In a decision released last Thursday, the New Hampshire Supreme Court ruled that a labor appeals board was wrong to deny reimbursement for medical marijuana through workers’ compensation insurance. The court failed, however, to resolve whether an insurance company could be prosecuted for it under federal law.

The case focuses on Andrew Panaggio, 59, who injured his back at work, and was approved by the state Health Department in 2016 to participate in the therapeutic cannabis program. Panaggio used medical marijuana to combat his ongoing pain, and had sought reimbursement through workers’ compensation. The insurance company denied the request, stating that it was not necessary.

Panaggio sent his case back to the board, which found that medical marijuana was “medically necessary” for him. He was once again denied payment because “possession of marijuana is still a federal crime,” and the insurance company would be exposing itself to potential criminal prosecution.

According to the court, the board failed to identify a federal statute or legal authority in its decision.

After being denied his reimbursement claim, Panaggio turned to the state compensation appeals board. The board rejected the insurer’s argument and cited Panaggio’s testimony that medical marijuana reduced his need for opiates. Panaggio’s use, they said, was medically necessary and reasonable. However, the board still denied reimbursement.

The board stated that in addition to the prosecution issue, there was nothing in the therapeutic cannabis law statute “shall be construed to require” health insurance providers to be liable for reimbursements claims related to medical marijuana. This applies to workers’ compensation insurance carriers as well, according to the board.

The court, however, said the state workers’ compensation law does not deny this type of reimbursement.

Panaggio argued that the board failed to explain why the carrier may not be ordered to comply with state law obligations to reimburse claimants for their medical treatment. Panaggio’s use and possession of medical marijuana only violates federal law, not state law.

The New Hampshire case isn’t the first to address whether employers have to pay for medical marijuana for injured employees.

In Maine, the state supreme court ruled that federal law takes precedence and ruled against a paper mill worker who was injured on the job in 1989.

According to the National Council on Compensation Insurance, at least five states found that medical marijuana is reimbursable under workers’ compensation laws, including Minnesota, New Jersey, Connecticut, Maine and New Mexico.

North Dakota, Michigan and Florida have passed laws that exclude medical marijuana from workers’ compensation reimbursement.

Publish Date : 12 Mart 2019 Salı 02:02

Breaking News Headlines

Challenges of Studying MBA online and Suggestions to Overcome Them
Challenges of Studying MBA online and Suggestions to Overcome Them
Was Road-Rage To Blame For This New Jersey Semi-Truck Accident?
Was Road-Rage To Blame For This New Jersey Semi-Truck Accident?
Tobacco is the leading cause of cancer – Switch to e-cigs to avoid premature death
Tobacco is the leading cause of cancer – Switch to e-cigs to avoid premature death
Technology Advancements: How will Things Change?
Technology Advancements: How will Things Change?
Bad Science – Ensuring We Keep Things Simple
Bad Science – Ensuring We Keep Things Simple
A Meaningful Life: Just What You Need for Better Health
A Meaningful Life: Just What You Need for Better Health
What to Expect at the Canadian Citizenship Test and Tips to Prepare
What to Expect at the Canadian Citizenship Test and Tips to Prepare
Tipping in America- What Should You Know as a Traveler?
Tipping in America- What Should You Know as a Traveler?
Sepi proposes to the ex-minister Miguel Sebastian as a director of Indra
Sepi proposes to the ex-minister Miguel Sebastian as a director of Indra
There are two Spains in the employment
There are two Spains in the employment
Valerio dodge the shock with the CEOE and downgrade to 7% the rise of the bases maximum contribution
Valerio dodge the shock with the CEOE and downgrade to 7% the rise of the bases maximum contribution
Spain puts an end in the EU in four years of cuts in the quota of hake south
Spain puts an end in the EU in four years of cuts in the quota of hake south
POLLS Results ALL
Who is the most powerful actor in Syria

Front Pages
  • The Sun
NEWS ARCHIVES