PA Court Approves Medical Marijuana for Workers’ Comp

Pennsylvania Court Approves Medical Marijuana for Injured Workers’ Comp Cases

On March 17, 2023, the Commonwealth Court of Pennsylvania issued two decisions ordering a workers’ compensation insurance company to reimburse the injured workers’ cost to obtain medical marijuana.

The Pennsylvania Workers’ Compensation Act requires an insurer to pay for “reasonable medicines and supplies… as and when needed” (emphasis by the Court).

The WC Act is intended to benefit injured workers. Once an injury is determined to be work-related, it is not the claimant’s obligation to prove treatment is reasonable, necessary and related to the injury; rather, it is the employer’s burden to prove treatment does not satisfy those requirements. Following a detailed summary of the WC Act, the Medical Marijuana Act (MMA) and Federal Law, the Court held that it is not a violation of Federal Law for an insurance company to reimburse claimant’s out-of-pocket cost to obtain Medical Marijuana (in a manner that is legal under the MMA). In a footnote, the Court stated it would not violate Federal Law even for insurers to provide direct coverage (paying legal medical marijuana providers directly).

Going even one step further, the Court held that it is a violation of the WC Act to deny payment for medical marijuana to treat a work-related injury – meaning that penalties may be imposed against the insurance company.

T.L. Fegley, as Executrix of the Estate of P. Sheetz v. Firestone Tire & Rubber (WCAB) – 680 C.D. 2021 FILED: March 17, 2023
__(See also E. Appel v. GWC Warranty Corp. (WCAB) – 824 C.D. 2021 FILED: March 17, 2023)

Why This Ruling Matters — and How It Connects to Our Supreme Court Victory

Every injured worker needs a lawyer who not only understands the law as it stands today, but who pushes it forward for tomorrow. At Schmidt, Kirifides, Rassias & Rio, our attorneys have done exactly that.

In fact, founding partner Mark Schmidt recently won a landmark Pennsylvania Supreme Court decision that expanded the definition of “medicines and supplies” under the Workers’ Compensation Act to include ALL necessary treatments for example CBD oil — a ruling that benefits all injured workers across Pennsylvania.

That case confirmed insurers must reimburse workers for the full cost of medically documented treatments, not just prescription drugs. It ensures broader access to care and stops insurers from unfairly denying coverage for legitimate, doctor-recommended options.

Read more about our landmark Supreme Court ruling and what it means for Pennsylvania workers.

For injured workers in Delaware County and across Pennsylvania, these rulings reinforce that medical care under workers’ compensation is broader than insurers want you to believe.

For a free, no-obligation consultation about your rights, call us at 610-892-9300, or contact us online.