March 11, 2019 The New Hampshire Supreme Court has overturned a labor appeals board determination that workers’ compensation insurance will not reimburse an employee for the cost of his medicinal marijuana. The case is Appeal of Andrew Panaggio N.H. Comp. Appeals Bd., No. 2017-046, 2019 N.H. LEXIS 35 (Mar. 7, 2019).
In 1991 Andrew Panaggio (Panaggio) suffered a severe back injury while working. In 2016 Panaggio was approved by the State Health Department to participate in a therapeutic cannabis program and receive medicinal marijuana for his ongoing severe pain. Panaggio sought reimbursement through his workers’ compensation insurer, CNA Insurance Co., (CNA) who denied payment for the claim stating that medicinal marijuana was not “reasonable/necessary or causally related” to the injury.
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