eNotes: Workers’ Compensation – January 2024 – Washington, DC

SIGNIFICANT CASE SUMMARIES

Washington, DC Case Summary

Freeland v. Dominion Mechanical Inc.
Compensation Review Board
CRB No. 23-055

Decided: January 3, 2024

The CRB holds that a claim for reimbursement for out of pocket expenses associated with the purchase of medical marijuana is contrary to Federal law and is therefore not permitted by the DC Workers’ Compensation Act.

Background

Claimant, who sustained compensable injuries to his right knee, shoulder, lower back and neck was awarded TTD and medical benefits. In May 2019, Claimant received a recommendation for medical marijuana treatment from Dr. McGettigan, a medical marijuana physician in the state of Maryland to treat Claimant’s chronic pain. Claimant obtained a medical marijuana card. Claimant incurred out-of-pocket expenses to pay for the marijuana. He sought reimbursement for the costs incurred for medical marijuana from the Employer/Insurer. The ALJ waived the requirement for utilization review to address reasonableness and necessity of the medical marijuana, and ruled there could be no order requiring the Employer to reimburse the cost due to federal preemption. (Marijuana is a classified as a Schedule 1 substance under the federal Controlled Substance Act and is a crime under federal law. Therefore, per federal law marijuana has been determined to have no acceptable medical use).

The CRB noted that the medical benefits of medical marijuana were not the issue for review. The CRB reasoned that there is nothing about Maryland’s legalization of marijuana that may be construed to require a DC medical assistance program or private health insurer to reimburse an employee for the costs of medical marijuana, and the Act does not provide for it. The CRB noted that if marijuana is legalized at the federal level in the future, the holding could change

Holding

Reimbursement of medical marijuana is not permissible under the Act. There is no authority under the Act to preempt federal law that holds marijuana to be illegal.

Takeaway

This is the first decision in the District of Columbia setting forth a clear holding on reimbursement of medical marijuana. It is anticipated that this Decision will be appealed and bears watching.

Questions about this case can be directed to Jamie DeSisto at (443) 641-0558 or jdesisto@tthlaw.com.