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Pa. Commonwealth Court rules that workers' comp should cover medical marijuana cost
HARRISBURG — Commonwealth Court has ruled that workers’ compensation should cover the cost of medical marijuana for treatment of injuries suffered on the job.
The court on Friday handed down two decisions in cases brought by workers who were hurt on the job and were initially prescribed opioids for treatment. But in both cases, the workers sought to get their cost of medical marijuana covered by workers’ compensation, asserting that the marijuana has been more effective in treating their pain.
In Teresa L. Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire and Rubber (Workers’ Compensation Appeal Board), Sheetz had been injured at work in 1977, according to the opinion written by Judge Anne Covey. He underwent two back surgeries and over the years, he treated the pain with opioid and narcotics.
In 2019, “at the recommendation of his doctor,” he began using medical marijuana to deal with his back pain in the “hope of eliminating the need for the opiates and narcotics he had been taking for approximately 30 years. Medical marijuana afforded Claimant pain relief and reduced his need for the opiates and narcotics,” according to Judge Covey’s opinion. She added that Sheetz also reported that taking medical marijuana apparently provided psychological benefits and in 2019, he began seeking to have the cost of his medical marijuana covered by workers’ comp.
The court on Friday handed down two decisions in cases brought by workers who were hurt on the job and were initially prescribed opioids for treatment. But in both cases, the workers sought to get their cost of medical marijuana covered by workers’ compensation, asserting that the marijuana has been more effective in treating their pain.
In Teresa L. Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire and Rubber (Workers’ Compensation Appeal Board), Sheetz had been injured at work in 1977, according to the opinion written by Judge Anne Covey. He underwent two back surgeries and over the years, he treated the pain with opioid and narcotics.
In 2019, “at the recommendation of his doctor,” he began using medical marijuana to deal with his back pain in the “hope of eliminating the need for the opiates and narcotics he had been taking for approximately 30 years. Medical marijuana afforded Claimant pain relief and reduced his need for the opiates and narcotics,” according to Judge Covey’s opinion. She added that Sheetz also reported that taking medical marijuana apparently provided psychological benefits and in 2019, he began seeking to have the cost of his medical marijuana covered by workers’ comp.
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