In a significant win for hardworking individuals in PA, the Pennsylvania Commonwealth Court approved reimbursement to workers for CBD oil when prescribed by a doctor for job-related injuries.
The big news came on November 14, when the court, gathered en banc (that's the whole crew), came through with a 7-2 ruling. They flipped the script on the Workers’ Compensation Appeal Board’s (WCAB) previous order, which reversed a judge’s earlier decision. That judge, seeing the bigger picture, declared that CBD oil should be considered a medicine deserving reimbursement under the PA Workers’ Compensation Act.
Now, why does this matter to you? Well, picture this: you're out there, putting in the hours, and unfortunately, something goes south, leading to a back injury. It happened to one of our own, a workers’ compensation attorney standing up for workers like you. His doctor prescribed CBD oil to avoid piling on more pills and to assist in delaying surgery. The worker bought the CBD oil, kept the receipts, but guess what? The employer denied reimbursement.
Our fellow lawyer took matters into his own hands and filed a Penalty Petition. The judge had his back, finding in his favor. The judge did not assess penalties on the employer though. Fast forward to the Commonwealth Court review, and the WCAB got called out for not giving enough weight to the judge's initial findings. They were scolded for having their own agenda and not sticking to the facts.
The court made it crystal clear: no evidence showed this guy was breaking any federal laws by using CBD oil. They threw out any talk about others potentially misusing it. And get this, the court wasn't having it when the WCAB was worrying about other insurers. They said the focus should be on a worker’s well-being, not the "what-ifs."
In the bigger picture, it seems like public opinion, the law, and how the courts see things are shifting. This victory is another step towards acceptance of medical marijuana products covered under workers’ compensation.
Mitch Dugan and his highly skilled and experienced workers’ compensation lawyers at Dugan & Associates will work vigorously to pursue fair and just compensation for loss of earnings, medical expenses, and damages. Consultations are free. If there is not a recovery of compensation, there is also no fee. If you’re injured on the job, in the workplace, contact us right away online or by telephone at 412-353-3572.
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