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WCAB Vacates Order Awarding Reimbursement for Worker's Medical Marijuana

By Sherri Okamoto (Legal Reporter)

Thursday, April 16, 2015 | 3338 | 0 | 0 min read

The Workers' Compensation Appeals Board has for the second time rescinded an award ordering a workers' compensation insurance carrier to reimburse an injured worker for his self-procured medical marijuana. Administrative Law Judge Robert Pusey in 2012 ruled that Christopher Cockrell could recoup "a sum not to exceed the lower of the fee schedule for medications being replaced by the medical cannabis or the actual expense of the self-procured item." A WCAB panel comprised of Commissioners Deidra Lowe, Alfonso Moresi and Marguerite Sweeney vacated that award three months late...

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John A. Don esq. Nov 3, 2016 07:58 AM

God forbid we use a safe natural substance to take away pain and stress. Once big pharma gets into the THC market - things will change.

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Alexander Zaks Nov 3, 2016 07:58 AM

Just because H&S Code section 11362.758 says that "nothing shall require" does not mean that the section must be read to prohibit a court from ordering a carrier to pay for medical marijuana. The issues the Board seems focused on, as usual, are just dumb. Look, the Board issues extra-legal decisions all the time, if they just don't want carriers to have to pay for pot, just write that and be done. Otherwise do what you're supposed to do and do what the rules require you to do.

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