Employer and Work Comp Carrier Must Pay for Medical Marijuana

On May 19, 2014 the New Mexico Appellate Court affirmed a workers' compensation judge's (WCJ) determination that an employer and workers' compensation insurance carrier must reimburse an employee for the cost of medical marijuana treatment for pain.

The employer had argued that the WCJ directive violated federal law and was not a recognized reimbursement under the state's workers' compensation law. The WCJ and Appellate Court rejected both arguments.

The employee had sustained a severe lower back injury and the parties agreed he had 99% permanent partial disability. One doctor considered the worker to be suffering "from some of the most extremely high intensity, frequency, and duration of pain out of all the thousands of patients I've treated within my 7 years practicing medicine." The employee had been taking multiple narcotic based pain relievers and multiple anti-depressant medications. 

On April 8, 2013 the employee filed for approval of a medical marijuana treatment. His health care provider and another doctor had certified him for the medical marijuana program.

The Court explained its decision noting that the state workers' compensation law requires an employer to provide an injured worker "reasonable and necessary health care services from a health care provider."   After recognizing that the director of the Workers' Compensation Administration had not approved a dispenser of medical marijuana as a health care provider the Court described the various medical service providers that had been and concluded that the WJC's conclusion that a worker's participation in "a course of cannabis" under the New Mexico Cannabis Program "would constitute reasonable and necessary medical care."