The Pennsylvania Commonwealth Court Holds Carriers Must Reimburse for the Use of Medical Marijuana

On March 17, 2023, the Pennsylvania Commonwealth Court held, when a WCJ finds the use of medical marijuana causally related to a work injury, the employer is required to reimburse the claimant for out-of-pocket expenses for the medical marijuana.

In two cases, T.L Fegley, as Executrix of the Estate of P. Sheetz v. Firestone Tire & Rubber, and E. Appel v. GWC Warranty Corp., the Commonwealth Court found that Section 2102 of the Medical Marijuana Act only prohibits an insurer from being compelled to provide coverage for medical marijuana, meaning paying the provider directly rather than simply reimbursing the claimant. The Court reasoned that since the employer was not purchasing or prescribing marijuana, and simply reimbursing claimant for his lawful use thereof, the employer would not violate the Federal Controlled Substance Act.

This is a momentous change in the Pennsylvania workers’ compensation landscape. TT&H will be hosting a webinar to discuss the ramifications of these new decisions, and what they mean for claims handling. More details on the webinar will follow.

Until then, questions about medical marijuana can be submitted to Christopher Scott, Esquire at 717-237-7111 or  cscott@tthlaw.com.