In a newly released decision from the Compensation Review Board, Caye v. Thyssenkrupp Elevator, 6296 CRB-1-18-11 (October 29, 2019), the respondents were ordered to reimburse a claimant for his expenses associated with obtaining medical marijuana. In Caye, the claimant had sustained catastrophic injuries in a work-related accident. He was prescribed medical marijuana, and the uncontroverted medical evidence established that this was reasonable and necessary medical treatment. Although the insurer had reimbursed the claimant for his out-of-pocket expenses for this prescription, when the excess carrier became involved it refused to authorize reimbursement on the grounds that marijuana was a controlled substance and illegal under federal law. The trial commissioner ordered the respondents to pay for the medical marijuana and to reimburse the claimant for his costs associated in obtaining the prescription, and the respondents appealed the decision to the CRB.
The sole issue considered on appeal was whether the commissioner had the authority to order the respondents to reimburse the claimant for medical marijuana. The respondents argued that the Controlled Substances Act, 21 USC § 801 et. seq makes it a federal crime to finance a marijuana transaction, and asserted that under the Supremacy Clause of the U.S. Constitution, U.S. Const., art .VI § 2, cl. 2, they could not be ordered to violate a federal statute. They further contended that they could be prosecuted under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et. seq, for aiding and abetting an illegal transaction. The CRB rejected these arguments as speculative, and ordered the respondents to continue the past practice of reimbursing the claimant for the costs of his marijuana prescription. Although the claimant sought to have the respondents pay the pharmacies directly for the medical marijuana, the Board refused to grant that relief. Commissioner Schoolcraft dissented from the majority opinion on the grounds that the respondent could not be ordered to violate federal law.
The respondents filed an appeal to the Appellate Court on November 15, 2019, and we believe that it is very likely that this case will ultimately be decided by the Connecticut Supreme Court. To date, the Supreme Court has not addressed a medical marijuana case in the context of a workers’ compensation claim. Until the case is heard at the appellate level however, if a claimant can show both compliance with all facets of a marijuana program and that marijuana is medically necessary, a respondent can be ordered to reimburse a claimant for the expenses associated with obtaining this prescription.