A Massachusetts court of appeals ruled Thursday that a self-insurer must not reimburse an injured worker for medical marijuana costs. that the federal attitude that marijuana is illegal means that the state cannot demand that an insurance company reimburse such costs.
Mark T. Delano claimed compensation for medical marijuana costs for treating pain resulting from a work-related injury he suffered in 2014. Partners Healthcare System Inc., which was a self-insurer for employee benefit benefits, denied the claim.  An administrative judge and the review board of the State Department of Industrial Accidents upheld the denial according to court documents.
In its decision, the Board of Appeal cited a similar case in 2020 as concluding that a “workers' compensation insurance company may not be required to pay for medical marijuana costs … based on the medical marijuana act itself.