Medical Marijuana Maybe Permitted By State Authorization

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Workers' Compensation systems maybe legally  implementing distribution of marijuana for medical purposes on a state by state basis circumventing a Federal prohibition. A Federal Court ruled today that the state authorized distribution program was not subject to Federal restrictions.

Prescription drugs utilization has exploded both in cost factors and in volume leading to major concerns by both employers and insurance carriers. Compounding the issue is that prescription pain relief is being offered more frequently to avoid the both costly and risky surgical intervention and protocols. Additionally there is a concern that state governments merely want to get into the act in order to tax the prescription costs for the purposes of raising revenue.

All of this focuses on the issue of whether the nation's workers' compensation system is actually providing the necessary care to cure and relieve medical conditions as intended by the crafters a century ago.

Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."

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The Complex World of Workers' Compensation and Pharmaceutical Benefits

The Workers’ Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured workers in an efficient and effective manner. Over the decades, the benefit program has evolved into a complex and costly system that is difficult to navigate and provides uncertain outcomes. Pharmaceutical benefits have become a serious concern and have added complexity and costs to the program.

Prescription drugs have become an increasingly important issue in workers’ compensation law. Their use in workers’ compensation claims has resulted in both a major direct financial cost to the system, and has had substantial impact on the efficiency of the administrative process. The use of prescription drugs in workers’ compensation will require further discussion in order to maintain the system as the efficient, remedial social legislative system the crafters envisioned over a century ago.

Gelman, Jon L., The Complex World of Workers' Compensation and Pharmaceutical Benefits, New Jersey Law Journal, Vol. 206, p. 5, October 2011. 

Complete Article Available at SSRN: http://ssrn.com/abstract=1960708

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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