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The court upholds the fee schedule cap for compensation for the pot



The New Mexico Court of Appeals said an injured worker was not entitled to full reimbursement for his out-of-pocket medical cannabis costs because they exceeded the maximum payment allowed under the state’s medical fee schedule.

Rodolfo Barrozo Jr. injured his wrists and elbows while working for grocery chain Albertsons Inc. and qualified for medical cannabis under the state’s humane use laws, according to Rodolfo Barrozo Jr. v. Albertsons Inc. and Ace American Insurance Co.

Barrozo requested that Albertsons and its insurer Ace American Insurance Co. would refund the full $453.05 he paid for medical cannabis. He was reimbursed $108.18 under the state’s medical fee schedule.

A workers̵

7; compensation judge dismissed Barroso’s appeal, agreeing that the compensation was properly calculated in accordance with the fee charges.

In rejecting his appeal, the New Mexico Court of Appeals rejected Barrozo’s arguments that the requirement that employers provide injured workers with health care services entitled him to full compensation and that the cap on reimbursement in the fee schedule conflicted with a statutory requirement that employers cover the full cost of medical treatment of injured workers.

WorkCompCentral is a sister magazine to Business Insurance. More stories here.


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