Massachusetts Court Issues Opinion Declaring that Medical Marijuana Treatments are Not Available in a Workers’ Compensation Claim

Medical marijuana is legal in many states, including Massachusetts. This has created novel legal issues for the workers’ compensation system when it comes to whether an insurer is required to compensate an employee who obtains medical marijuana in order to treat his or her work-related injuries. As dedicated Boston work injury attorneys, we are well-versed in these issues and ready to help you fight for the fair outcome that you deserve after suffering an on-the-job accident. In a recent case, a Massachusetts appellate court addressed the relationship between the Controlled Substances Act and the Massachusetts Act for the Humanitarian Use of Marijuana. Based on the facts presented in the underlying claim, the court held that when an injured worker requests that an administrative judge require an insurer to reimburse the employee for medical marijuana treatments, the Controlled Substance Act preempts the state law and prohibits the administrative law judge from issuing…

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