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Medical marijuana ruling favors employer

Posted On: Feb. 10, 2011 12:00 AM CST

Although medical marijuana is reasonable and necessary for treating an injured worker, neither the employer nor the employer's work comp insurer have to pay for the pot, a Michigan magistrate found.

That ruling by a magistrate with the state Workers' Compensation Board of Magistrates addresses the claim of an employee that was left totally disabled following a 2005 accident, according to a mlive.com story available here.

Michigan voters approved medical marijuana use in 2008. But the law prohibits insurers and other companies from paying for medical marijuana.

Therefore, even though a doctor approved the injured worker's use of marijuana for chronic shoulder and back pain, the judge said she could not force the employer or insurer to pay for the pot under Michigan law.