In a case of first impression, the New Jersey Appellate Division held in January 2020 that an employee’s costs to use medical marijuana to treat chronic pain resulting from a work place injury is reimbursable by his employer.
This case arose out of a construction accident in 2001. Vincent Hager was working on a construction site when a truck delivering concrete dumped its load on him. Following the accident, Hager immediately experienced lower back pain that radiated down both legs, which he described as a “shooting and stabbing pain.” Initially, Hager’s employer, M&K, denied Hager’s workers’ compensation claim. While the claim was pending, Hager began to treat his injuries/pain with marijuana, as made available by New Jersey’s Compassionate Use Medical Marijuana Act (MMA), and sued M&K for reimbursement.
Considering whether M&K should have to reimburse Hager for the cost associated with using medical marijuana as part of his pain management regimen, the trial court determined those costs were related to reasonable and necessary treatment of Hager’s on-the-job injuries and were therefore reimbursable under New Jersey’s workers’ compensation law. M&K appealed and the Appellate Division affirmed.