https://www.sfmic.com/who-pays-for-cost-of-medical-cannabis-in-a-work-comp-claim-the-mn-supreme-court-weighs-in-on-the-debate-with-recent-court-decisions/
The Minnesota Supreme court issued two companion decisions on October 13, 2021 – Musta v. Mendota Heights Dental Center, and Bierbach v. Digger’s Polaris – addressing a burning question on the minds of many in the Minnesota workers’ compensation world: Can an employer and insurer be required to pay for an injured worker to treat their work-related condition with the use of medical cannabis, even if the use of medical cannabis is prohibited by federal law?
In these cases, the Minnesota Supreme Court answered “No.” Due to issues of “federal preemption,” Minnesota employers and workers’ compensation insurers cannot be compelled to violate the federal Controlled Substances Act by providing for an employee’s use of medical cannabis, even if use of medical cannabis a is legal under the Minnesota Medical Cannabis Therapeutic Research Act.
https://law.justia.com/cases/minnesota/supreme-court/2021/a20-1551.html
The Supreme Court reversed the decision of the Workers’ Compensation Court of Appeals (WCCA) upholding a compensation judge’s order requiring Employer to reimburse Employee for medical cannabis, holding that the WCCA erred.
Employee was injured while working for Employer. After multiple rounds of medical intervention proved to be unsuccessful, Employee’s doctor certified her for participation in the state’s medical cannabis program. Employee sought reimbursement for the cost of the cannabis from Employer. Employer asserted in response that the federal prohibition in the federal Controlled Substances Act (CSA), 21 U.S.C. 801-971, on the possession of cannabis preempted the requirement under Minnesota law that an employer pay for an injured employee’s medical treatment when that treatment is medical cannabis. The WCCA declined to address the preemption argument and upheld the compensation judge’s order. The Supreme Court reversed, holding (1) the WCCA lacked subject matter jurisdiction to determine the preemption issue; and (2) the CSA preempted the compensation court’s order mandating Employer to pay for Employee’s medical cannabis.
Full case available here:
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