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Insurer does not have to cover medical marijuana: Court

medical marijuana

A Massachusetts appellate court on Thursday ruled a self-insured employer does not have to reimburse medical marijuana costs to an injured worker.

The Appeals Court of Massachusetts in Boston ruled in Mark T. Delano's Case that the federal stance that marijuana is illegal means the state cannot require that an insurer reimburse such costs. 

Mark T. Delano sought compensation for medical marijuana expenses to treat pain stemming from a work-related injury he suffered in 2014. Partners Healthcare System Inc., which was self-insured for workers compensation benefits, denied the claim.

An administrative judge and the reviewing board of the state Department of Industrial Accidents upheld the denial, according to court documents.

In its ruling, the appeals court cited a similar 2020 case that concluded a “workers' compensation insurer cannot be required to pay for medical marijuana expenses ... based on the medical marijuana act itself.”






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