The appellate court found that "thereis evidence of tolerance from the federal government ofstate-legislated medical marijuana" and that since December 2014,"congressional appropriations riders have prohibited the use of any(Department of Justice) funds that prevent states with medicalmarijuana programs. . . from implementing state medical marijuanalaws." (Credit: PRO Stock Professional/Shutterstock)
In a case of first impression, the Superior Court of New Jersey,Appellate Division, considered whether a workers' compensationjudge can order an employer to reimburse an employee for theemployee's use of medical marijuana prescribed for chronic painfollowing a work-related accident.
Painful job-site injury
In 2001, 28-year-old Vincent Hager was employed by M&KConstruction (M&K) and working on a construction site when atruck delivering concrete dumped its cargo on him. Immediatelyafter the accident, Hager experienced lower back pain that radiateddown both legs. An MRI revealed herniation and bulging disks, andHager was sent to see a neurosurgeon. Initially, Hager used hisprivate health insurance to pay for the treatment. But when hispain prevented him from working, he left his employment and hishealth insurance was terminated, so he could no longer affordtreatments.
M&K denied Hager's workers' compensation claim stating thatit was investigating the matter. Hager retained counsel, whoreferred him to a neurosurgeon, Dr. William Klempner. In 2003,Hager was admitted to the emergency room with severepain, and Klempner performed necessary medical procedures,which Hager mistakenly believed would be covered by M&K'sworkers' compensation carrier.
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