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Appellate Court Finds again that Employer Must Pay for Claimant's Marijuana

By Sherri Okamoto (Legal Reporter)

Tuesday, January 20, 2015 | 1746 | 0 | 0 min read

The New Mexico Court of Appeals is sticking to its position that the state comp system obligates employers to reimburse employees for the cost of their medical marijuana, as long as such treatment is reasonable and necessary to treat their injuries. This rule, established by the court last May in Vialpando v. Ben's Automotive Service and Redwood Fire & Casualty, continues to hold true, even if the worker was already using marijuana before he got a doctor to approve of it as treatment for his chronic pain from an industrial injury. The court reaffirmed its stance last week, ruling tha...

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