A workers’ compensation attorney acting as a plaintiff in a case against his law firm was entitled to recover costs for purchasing cannabidiol, or CBD, oil to treat his workplace injury, a federal court ruled Tuesday. appeal from Pennsylvania.
The Commonwealth Court said the Workers’ Compensation Appeals Board erred in overturning a compensation judge’s decision allowing reimbursement.
Mark Schmidt injured his back in April 2017 while loading files into his test bag. He was approved for medical expenses and later sought reimbursement for the costs of his doctor-prescribed CBD oil.
His law firm, Schmidt, Kirifides and Rassias PC, refused reimbursement because CBD oil was not a pharmaceutical drug.
Mr. Schmidt filed a petition for sanctions alleging that his company violated the settlement deed by denying reimbursement.
A compensation judge accepted the penalty request and ordered the company to reimburse Mr. Schmidt because CBD oil was a “medical supply under the (comp) Act and part of Plaintiff’s reasonable and necessary medical treatment.”
The compensation board reversed the decision and employers and insurers cannot be forced to pay for CBD oil because it is not approved by the US Food and Drug Administration and is derived from illegal cannabis in federal level.
The Commonwealth Court ruled that the appeals board lacked the authority to review the evidence used in the compensation judge’s decision and that the employer violated the compensation act by denying reimbursement.
The court also said that FDA approval of the treatment is not a requirement under state compensation law and that hemp-derived CBD oil is federally legal.
