The U.S. Supreme Court has certainly made headlines recently, but it’s a pair of decisions that they decided not to review that is affecting injured workers in Minnesota. The nation’s highest court opted not to hear a pair of cases that would have decided whether or not Minnesota employers would be required to reimburse workers for marijuana used to treat on-the-job injuries. The U.S. Supreme Court said that their decision not to rule on the matter was due to the fact that marijuana is illegal under the federal Controlled Substances Act.
Medical Marijuana For Injured Workers In Minnesota
The cases have bounced all around the lower courts in Minnesota, and they centered around whether or not injured workers Daniel Bierbach and Susan K. Musta could be reimbursed for medical marijuana they acquired to aid in their rehabilitation. Here’s a quick summary of how we got to the point where the U.S. Supreme Court was asked to weigh in. In both cases:
- The injured workers had their claim for medical marijuana expense reimbursement approved by a workers’ compensation court judge.
- The Minnesota Workers’ Compensation Court of Appeals upheld these decisions and opted not to address the conflict between the Federal Controlled Substances Act (CSA) and Minnesota’s Medical Marijuana law (MCTRA).
- The Supreme Court of Minnesota held that in both cases there existed a conflict between the CSA (which holds that marijuana is illegal on the federal level) and the MCTRA (which holds that medical marijuana is legal in Minnesota). In the Bierbach case, they concluded that the Federal CSA status pre-empted the MCTRA, and in turn overturned the original ruling. In the Musta case, the state Supreme Court vacated the original ruling, stating that approval would force the insurance provider to aid and abet illegal activity (paying for drugs that are illegal on the federal level).
Earlier this year, attorneys for Bierbach and Musta petitioned the U.S. Supreme Court to hear their cases. The U.S. Supreme Court then asked the Solicitor General to state his position on whether or not CSA should preempt MCTRA. On May 16th, the Solicitor General recommended that the Minnesota decisions stand without review. Ultimately, the U.S. Supreme Court acted on those recommendations and decided not to review the holdings made by the Minnesota Supreme Court.
It’s a step backwards for workers who were hoping to be able to treat their work-related injury with medical marijuana, which is legal here in Minnesota. However, the good news is that there are a number of other treatments that are completely compensable under the work comp system, and we won’t stop until we get you the compensation you deserve.
If you have been injured at work and are hoping to collect compensation for medical expenses or for lost wages, know that the team at Hey Workers is here for you. We can help you get the compensation you’re entitled to receive. For more information, or for help with your injury claim, reach out to the team at Hey Workers today at (844) 439-9675.
