TT&H Attorneys Present Marijuana and Workers’ Comp: How to Navigate this Uncharted Territory

On June 16, 2023, TT&H Attorneys Christopher Scott, Caroline Gentilcore, John Morgan, and Cailey Farinaro provided guidance to carriers/employers confronted with reimbursing claimants for medical marijuana in light of the two new Pennsylvania Commonwealth Court cases, Fegley and Appel. In Fegley, a utilization review determination found medical marijuana reasonable and necessary and in Appel, a workers’ compensation judge found medical marijuana causally-related to the work injury. Pursuant to both, Courts may now require carriers to “reimburse” claimants for monies spent on medical marijuana for their work injuries in Pennsylvania.

The TT&H attorneys detailed the foreseeable hurdles that the cases created in terms of carriers/employers having a remedy to challenge reimbursement of medical marijuana. The attorneys provided options for carriers to take moving forward, with a focus on a case by case cost-benefit analysis. They explained employers’ rights under the Pennsylvania Medical Marijuana Act and answered live questions from the audience.

Both the video and PowerPoint presentations are available for viewing via these links:

Marijuana & Workers’ Comp: How to Navigate this Uncharted Territory Video

Marijuana & Workers’ Comp: How to Navigate this Uncharted Territory PowerPoint

Questions can be directed to: Christopher Scott at 717-237-7111 or cscott@tthlaw.com; Caroline Gentilcore at 267-861-7596 or cgentilcore@tthlaw.com; John Morgan at 267-861-7580 or jmorgan@tthlaw.com; and Cailey Farinaro at 610-332-7008 or cfarinaro@tthlaw.com.