New Jersey Judge Rules Workers’ Comp Must Pay For Medical Marijuana

Medical marijuana has had yet another day in court.

This time, however, its legality was not on the stand; instead, the question of who should pay for the drug if an injured worker is prescribed medical marijuana after a workplace injury was decided.

In this case, the appellate division of the Superior Court of New Jersey affirmed an order by a state workers’ compensation judge that required an employer to reimburse its employee for the employee’s use of medical marijuana prescribed for chronic pain following a work-related accident.

In 2001, a worker for M&K Construction was injured after a construction vehicle carrying concrete dumped its contents onto him.

The worker experienced lower back pain that radiated down both legs, which he described as “shooting and stabbing pain.” He filed for workers’ compensation through his employer, but M&K denied coverage, claiming that it was further investigating the incident.