CBD oil has been shown to be an excellent alternative for those with chronic pain. (Adobe Stock)
With hundreds of thousands of people dead and untold numbers of families destroyed in the wake of the opioid epidemic, cannabidiol (CBD) is proven to be an “excellent alternative to an opioid in chronic pain” and is completely legal, but it is not clear if he is injured. North Carolina workers can access it through their workers’ compensation benefits. Even as North Carolina moves toward legalizing medical marijuana, some workers’ compensation doctors in the state are hesitant to recommend or prescribe CBD to help their patients.
To help injured workers safely heal and return to work without opioids, the North Carolina Industrial Commission must clarify that workers’ compensation insurance covers CBD when recommended by a physician.
Otherwise, North Carolina may run the risk of a situation like the one that happened recently in Pennsylvania, where an injured worker’s doctor wrote a prescription for CBD oil to treat pain caused by workplace injuries. The substance eased his pain, preventing him from having to increase his dose of opioid-based pain relievers and helping him avoid back surgery.
But his employer refused to cover the cost of the CBD, denying that it was a “medical supply” under state law. The employer also said that providing coverage would violate Federal Drug Administration (FDA) policy.
Fortunately, after a long legal battle, the Pennsylvania Commonwealth Court ruled that CBD should have been covered after all.
According to Harvard Medical School, CBD “may prove to be a useful and relatively non-toxic option for managing anxiety, insomnia, and chronic pain.” Another study published in the journal Pain Management Nursing found that 42% to 66% of patients reported a reduction in pain from using CBD.
But without official clarification from the Industrial Commission, insurance companies handling workers’ compensation in North Carolina may refuse to view CBD in the same positive light. Under North Carolina law, the employer (or insurance company) will provide workers’ compensation if the doctor believes it will provide relief or shorten the period of disability. CBD clearly meets this requirement if an injured worker’s doctor recommends it to help treat their injury.
Despite the therapeutic benefits of CBD, whether it is available to injured workers with workers’ compensation coverage in North Carolina is murky at this time. Because CBD is derived from the cannabis plant, it adds to the specter and stigma surrounding marijuana, even though CBD does not produce a high like psychoactive cannabis and can be extracted from non-psychoactive hemp.
Remember, non-psychoactive hemp-derived CBD is already completely legal to purchase and use in North Carolina, so there’s no reason a doctor can’t recommend it to an injured worker at their discretion.
It is important to note that other alternative forms of medical treatment are covered by workers’ compensation in North Carolina, such as Botox, aquatic therapy, chiropractic care, and gym memberships. CBD should be no different.
North Carolina is likely to follow the lead of many other states soon and legalize marijuana, at least for medical purposes. North Carolina’s Compassionate Care Act (SB 3), a medical marijuana bill, is scheduled for a vote in the House Health Committee in 2024 and, if passed, would move to session for a full House vote. However, when it comes to CBD, doctors in North Carolina may be hesitant to even prescribe or recommend it to injured workers because of the likelihood of pushback from the insurance company.
The North Carolina Industrial Commission can use this moment as an opportunity to clarify insurance coverage rules regarding CBD so that doctors can treat patients in the most beneficial and safe way possible. Otherwise, doctors will be dissuaded from recommending an effective, non-opioid substance to injured workers that can help ease their pain and get them back to work more quickly.
Daniel Lehrer is an attorney with the Law Offices of James Scott Farrin in Charlotte and a North Carolina State Bar Certified Specialist in Workers’ Compensation Law.
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