Close

Can You Get Medical Marijuana for Workers’ Comp in Pennsylvania?

In a landmark Opinion rendered on March 17, 2023, the Commonwealth Court of Pennsylvania, in T.L. Fegley vs. WCAB, held that a claimant can seek reimbursement for out-of-pocket expenses relating to medical marijuana that were reasonable, necessary, and related to the work injury.

The Case: Reimbursement for Medical Marijuana Expenses for Work Injuries

The claimant suffered a serious work injury in 1977. He was prescribed opiates and narcotics for pain relief and used them for decades.

In 2019, his doctor prescribed medical marijuana to reduce the need for opiates and narcotics. Medical marijuana helped him tremendously. In September 2019, a Utilization Review found medical marijuana to be reasonable and necessary.

In October 2019, the Claimant filed a Petition for Penalties alleging that the Employer violated the Act by failing to pay for his medical marijuana. The Workers’ Compensation Judge denied the Penalty Petition. The WCAB affirmed, and an appeal was taken to the Commonwealth Court of Pennsylvania.

The Question: Is Medical Marijuana Legal For Medical Conditions?

The Court first reminded us that the Act Pennsylvania Workers’ Compensation Act is remedial in nature and has a humanitarian objective. The Court then turned its attention to the Federal Controlled Substance Act, noting that it’s unlawful to knowingly distribute, dispense, or manufacture a controlled substance. However, the Court noted that the FCSA leaves room for a state to enact its own law where the two can stand together consistently.

The Court then stated the Medical Marijuana Act contains language from the General Assembly, in part:

  • Scientific evidence suggests that medical marijuana is one potential therapy that may mitigate suffering in some patients and also enhance the quality of life.
  • The Commonwealth is committed to patient safety. Carefully regulating the program which allows access to medical marijuana will enhance patient safety while research into its effectiveness continues.
  • It is the intent of the General Assembly to:
    • Provide a program of access to medical marijuana which balances the need of patients to have access to the latest treatments with the need to promote patient safety.
    • Provide a safe and effective method of delivery of medical marijuana to patients.

Essentially, the Court, here, was reminding us that medical marijuana is legal in Pennsylvania for serious medical conditions.

The Verdict: Insurers Must Reimburse The Claimant For Medical Marijuana Expenses Incurred

Having summarized the relevant statutes at play, the Court turned to analyze who an “insurer” is under the Medical Marijuana Act. It concluded because Work Comp carriers are insurers under the Insurance Law, “this Court cannot hold that they are not insurers for purposes of the MMA.”

Then it addressed the Claimant’s argument that the MMA only prohibits insurers be compelled to provide coverage for medical marijuana, not reimbursement for out-of-pocket expenses already incurred.

This is really the key point in this case: the claimant was not asking for coverage, but instead, reimbursement.

This was a clever argument that the Court agreed with. If the General Assembly wished that insurers be prohibited from reimbursing medical marijuana costs, it would have said so in the statute. It didn’t.

Indeed, as the Court said, “Under the doctrine of expressio unius est exclusio alterius, the inclusion of a specific matter in a statute implies the exclusion of other matters. Similarly, [the Pennsylvania Supreme] Court has long recognized that as a matter of statutory interpretation, although one is admonished to listen attentively to what a statute says[,] one must also listen attentively to what it does not say.”

Finally, the Employer argued that reimbursement of medical marijuana would cause them to violate Federal Law. The Court disagreed here, citing the fact that the Employer would not be “knowingly or intentionally–[] to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance[.]” under the Federal Drug Act.

This Case Has Paved The Way for More Doctors To Prescribe Medical Marijuana

This well-written, well-reasoned, precedential Opinion has now paved the way for more injured workers to pursue medical marijuana for their chronic, intractable pain. If you have any questions, please let us know!,

Here is a link to the written Opinion in Teresa L. Fegley, as Executrix of the Estate of Paul Sheetz vs. Firestone Tire and Rubber (WCAB).

Contact a Workers’ Compensation Lawyer Experienced with Medical Marijuana

We are here to help you, 7 days a week. Contact Cardamone Law, LLC for a free consult and analysis of your case at (215) 206-9068 or email Michael@CardamoneLaw.com We have offices in Eastern and Central PA or will come visit you, or we’re happy to do a Zoom call of course. Call the Pennsylvania Work Comp Medical Marijuana Lawyers at (215) 206-9068

Awards & Recognitions

Philadelphia workers comp lawyer
Philadelphia workmans comp lawyer
Bucks County workers comp lawyer
best workmans comp lawyer philadelphia
Philadelphia Workmans Comp Lawyer
Top 10 Attorneys Award Pennsylvania workers' comp lawyer
Philadelphia workmans comp lawyer
Philadelphia workers compensation lawyer
best bucks county workmans comp lawyer
Avvo Rating 10.0 Philadelphia workers' comp lawyer
Workmans comp lawyer
best workmans comp attorney
best Philly workmans comp lawyer
Bucks county workmans comp lawyer
best Philadelphia workmans comp lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews