What Do You Think?
The reimbursability of marijuana in workers’ compensation varies from state to state. But what about under federal worker’s compensation law? The case of a former maritime employee with chronic pain who needed edibles to get through the night addresses that question.
The claimant injured his neck, back, and upper and lower extremities at work in May 1994, resulting in permanent total disability. The U.S. Department of Labor awarded him benefits, ordering the employer and insurance carrier to pay for his medical care and treatment.
Many years later, the claimant was still suffering with chronic pain, as well as anxiety. One of the few things that helped him get through the night, according to his physician, were “edibles such as cookies infused with specific dosage of medical cannabis.” The doctor’s recommendation was consistent with Puerto Rican law, which provides that “medical use of cannabis” can be recommended to treat certain conditions.
Around 2019, the claimant sought reimbursement for his purchases of edibles pursuant to Section 7 of the federal Longshore and Harbor Workers’ Compensation Act. The U.S. Department of Labor denied the request. It reasoned that the federal Controlled Substances Act classifies marijuana as a prohibited Schedule I substance.
Section 7 of the LHWCA requires employers to “furnish” eligible workers injured on the job with “medical, surgical, and other attendance or treatment … for such period as the nature of the [covered] injury … may require.” It also requires reimbursement of “all reasonable and necessary medical expenses” for eligible work-related injuries.
Were edibles a reasonable and necessary medical expense under the LHWCA?
A. No. Federal law treats marijuana as a controlled substance.
B. Yes. He needed it to get through the night, given his chronic pain.
If you selected A, you agreed with the court in Garcia v. Director, Office of Workers’ Compensation Programs, U.S. Department of Labor, No. 23-8066 (2d Cir. 03/05/26), which affirmed the Department of Labor’s denial of reimbursement.
The court acknowledged that LHWCA requires employers to furnish injured workers with necessary medical treatment. However, the CSA bars the distribution of controlled substances. While the claimant argued that the edibles were a reasonable and necessary treatment for him to manage his pain, the CSA extinguished any hope he had of obtaining reimbursement.The plain text of the statute meant that federal law “categorically bars marijuana from being deemed a reasonable and necessary medical expense for purposes of the LHWCA,” the court said.
The court rejected the argument that state law has trended toward reimbursement of claims for medical marijuana in state worker’s compensation regimes. “[S]tate policies on medical marijuana bear no relation to whether medical marijuana can be reimbursed under federal law,” the court said. Where federal regulations concerning controlled substances are stricter than state rules, the federal regulations take precedence.
