An injured worker cannot revoke a workers' compromise and release agreement that he entered into with his employer to obtain medical marijuana that became legal in the state two years after the agreement.
Lehigh Specialty Melting Inc. v. Labor Compensation Board The Pennsylvania Commonwealth Court on Tuesday reversed and revoked a statement by the Workers' Compensation Committee that the worker did not have to abide by his agreement.
Joseph Bosco backed away and herniated a record while at work and his employer, Lehigh Specialty Melting Inc., accepted the claim. They entered into a C&R agreement that was approved by a judge for workers' compensation in 201
However, Bosco refused to sign MSA's paperwork because the agreement did not cover medical marijuana.
A workers' compensation judge found that Bosco was "trying to rewrite" the agreement and considered that the company could send him a check for the value of MSA and terminate its obligation to him if he still refused to sign the documents. A workers' compensation committee overturned the decision, arguing that the judge had no authority to require Bosco to sign MSA's paperwork.
Lehigh Specialty appealed and the court reversed the board's decision. The court found that Bosco testified that he understood the terms of the settlement and signed the approval of the workers' judge and did not have the ability to now refuse "to cooperate as he had promised in C&R because MSA and / or the employer do not pay for their use of medical marijuana.