A December 2016 decision reached by an Administrative Law Judge in New Jersey may have implications for employers in other states where medical marijuana is legal. With the current trend toward legalization of marijuana, it’s only logical for entrepreneurs to consult with attorneys about how these laws might affect them.
The current case involved Andrew Watson, a lumber company employee who injured his hand on-the-job. Initially, Watson’s doctors prescribed Percocet to manage his chronic pain. His doctor then recommended that he try medical marijuana. Watson legally purchased medical marijuana, and submitted a claim to his employer’s worker’s compensation insurance. An ounce of medical marijuana costs an average of $489 in New Jersey, which is one of the most expensive prices in the U.S. The insurer refused compensation.
Nonetheless, Watson found that the marijuana helped manage his chronic pain effectively and with fewer side effects than the opiates. He took his case to court so that he could continue with the treatment and have the expenses reimbursed by his employer’s worker’s compensation coverage.
After considering the situation, Judge Ingrid French ruled that Watson’s use of medical marijuana is appropriate and that the insurer should pay for the associated expenses. She notes in her decision that “the effects of the marijuana … is not as debilitating as the effects of the Percocet.” Additionally, French found that Watson had “achieved a greater level of functionality,” because of the medical marijuana use and that “his approach to his pain management needs (is) cautious, mature …”
She went on to say that whether or not medicinal marijuana is used is a matter that should be reserved for doctors and patients in states where its use is legal. While some employers expressed concern over the outcome, others say that it likely will not affect them. That’s because the requirements for qualifying for medical marijuana are so stringent in New Jersey. This, coupled with the relatively limited chances of a worker also qualifying for a worker’s compensation claim, keeps them optimistic.