Court Case Update, Massachusetts - October 2020
InsightsLegal
By NCCI Insights October 29, 2020



On October 27, 2020, the Massachusetts Supreme Judicial Court ruled, in Wright’s Case, that a workers compensation insurer cannot be required to reimburse a claimant for medical marijuana expenses as a necessary and reasonable medical treatment.

In its decision, the court relied on a provision of the Massachusetts Medical Marijuana Act (Mass. Gen. Laws Ann. ch. 94I, § 6), which states that nothing in the state medical marijuana law requires health insurance providers to reimburse any person for medical marijuana expenses. The court concluded that the law’s reimbursement limitation on health insurance providers also applies to workers compensation insurers because they, as the court found, “are plainly providing health insurance benefits.”

The court also reasoned that the reimbursement limitation avoids exposing insurers to potential prosecution under federal law, and that the risk of federal prosecution exists regardless of whether a medical marijuana patient seeks reimbursement from a private health insurance provider or a workers compensation insurer.

With this ruling, the court affirmed on different grounds a lower court’s decision by the Department of Industrial Accidents, which found that marijuana’s status as a federally illicit substance preempted any state level authority to order a workers compensation insurer to pay for a claimant’s medical marijuana expenses.

For more information on other cases monitored by NCCI’s Legal Division, visit previous Court Case Updates and Court Case Insights, under the Legal section of INSIGHTS on ncci.com.

​This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.

TOP