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Workers' Compensation

New York: Court Issues First Opinion Re: Medical Marijuana

Signaling that at least in some cases, an employer and/or workers’ compensation carrier might be required to reimburse an injured worker for the cost of medical marijuana provided under New York’s version of the Compassionate Care Act, a state appellate court held that while it was appropriate for the state’s Board to deny an injured employee’s medical care variance request for medical marijuana that had already been dispensed prior to the time the variance request was filed, the Board should have addressed the merits of the request for prospective medical marijuana treatment.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Kluge v. Town of Tonawanda, 2019 N.Y. App. Div. LEXIS 7510 (3d Dept. Oct. 17, 2019)

See generally Larson’s Workers’ Compensation Law, § 94.06.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see