Medical Marijuana and Workers’ Compensation in Delaware

The attorneys at Silverman, McDonald & Friedman have been helping injured workers throughout Delaware for years. We can answer all of your questions about the workers’ compensation process. To learn more, schedule a free initial consultation in our Wilmington, Newark or Seaford offices.

Our home state of Delaware legalized medical marijuana in 2011, enabling patients with certain chronic illnesses to use cannabis as part of their treatment. Along with this legislation, however, comes a host of legal issues yet to be addressed—one being the effect of medical marijuana on workers’ compensation law.

A recent case in front of the Delaware Industrial Accident Board (IAB), the state agency that processes workers’ comp claims, provided some introductory guidance on whether employers might be responsible for paying for an injured employees medical marijuana.

Kalix v. Giles & Ransome

In July of last year, Kalix v. Giles & Ransom (IAB #12880555) became the first workers’ comp case in Delaware to address whether an employer should be required to pay for an employee’s medical marijuana as treatment for chronic pain. (Spoiler alert: the IAB awarded the employee approximately $22,000 in dispensary costs.)

In this particular case, the employee suffered an injury on the job that necessitated multiple back surgeries. None of the surgeries were successful, and he eventually received a diagnosis of “failed back syndrome.” The employee’s pain management doctor prescribed medical marijuana, but with no specific information or limits on dosage. The employer’s insurance carrier denied the treatment and charges, and the employee filed a petition for payment with the IAB.

Unfortunately, this case isn’t quite ideal as a test case for whether or not workers’ comp should endorse medical marijuana as a reasonable treatment for illness or pain. This case centers more on the cost of the employee’s treatment. The $22,000 in question represents one year of marijuana from the dispensary, and the employee had no follow-up or monitoring by the prescribing doctor during that yearlong period.

When the IAB ordered the employer’s insurance company pay the $22,000 charge, they stated that because medical marijuana is not currently subject to the Delaware Workers’ Compensation Fee Schedule as most medical treatments are, they have no basis against which to drop down any exorbitant charges or fees. The IAB did criticize that the employee’s doctor failed to monitor the employee to determine a proper dosage for pain management or schedule follow-up visits, as is customary for other medical treatments.

Although this case ruled in favor of the employee, there are still no definitive rules when it comes to workers’ comp and medical marijuana. We can only wait for legal guidance to emerge, as medical marijuana is not going to go away.

If you were injured on the job and have questions about your eligibility for workers’ compensation in Delaware, the attorneys at Silverman, McDonald & Friedman are here with answers. Our lawyers serve clients in the Wilmington, Seaford, and Newark areas. Call 302-888-2900 or fill out our contact form today.