On March 7, 2019, the New Hampshire Supreme Court held, in Appeal of Andrew Panaggio, that the state Compensation Appeals Board (Board) erred when it determined that a workers compensation insurance carrier is prohibited by state and federal law from reimbursing an injured worker for the cost of medical marijuana treatment.
In its decision, the Court found that the state’s medical marijuana law does not prohibit reimbursement under workers compensation. However, the Court did not rule that a workers compensation insurance carrier is affirmatively required to reimburse. The Court remanded the case to the Board to provide further legal support as to its determination that federal law would be violated if the insurance carrier is ordered to reimburse for the payment of medical marijuana.
For more information on other cases monitored by NCCI’s Legal Division related to marijuana in workers compensation and the workplace, visit previous Court Case Updates under INSIGHTS on ncci.com.
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