NJ Appellate Division clears haze about workers' comp-prescribed medical marijuana

On January 13, 2020, New Jersey's Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers' compensation cases. In its ruling, the court affirmed a workers' compensation judge's order requiring M&K Construction Company to reimburse the cost of medical marijuana prescribed to treat chronic pain stemming from a workplace accident.

Facts

In 2001, Vincent Hager was injured when a delivery truck dumped its load of concrete on him. The immediate effect of the injury was "shooting and stabbing pain," which led to diagnoses of disk herniation, stenosis, and disk bulging. Over the next 15 years, Hager underwent multiple surgeries and physical therapy and was prescribed various forms of pain management medication therapies, including Oxycontin, Oxycodone, Valium, and Lyrica. Seeking an alternative to opioids for pain management, he was finally referred to and accepted in the New Jersey medical marijuana program.

During a trial before the workers' comp judge, Hager detailed his suffering, including chronic pain that radiated throughout his legs and lower back. He also testified that his pain affected his daily activities, including the inability to stand for more than 30 minutes. Moreover, the pain prevented him from working. He explained that while it didn't fully abate the pain, use of medical marijuana "took the edge off the pain," relaxed muscles when they spasmed, allowed him to stop use of Oxycodone, and allowed him to sleep.