SANTA FE, N.M. — The New
Mexico Court of Appeals has ruled that a patient in the state's medical
marijuana program who was injured on the job must be reimbursed by an employer for the expense of marijuana used for treatment.
The
Santa Fe New Mexican reports (http://bit.ly/1fqkrlW) the recent
decision marks the third time since May 2014 that the court has sided
with a medical marijuana patient in a workers' compensation claim.
In the most recent case, appellate Judge James Wechsler wrote that a workers' compensation judge was correct
in ruling that American General Media, which owns several radio
stations in New Mexico, had to reimburse Sandra Lewis of Albuquerque.
The
company and its third-party workers' compensation administrator had
appealed the 2013 decision by the workers' compensation judge. Among the
arguments, the company said the state's medical marijuana law created a
conflict with federal law that prohibits all use of marijuana.
Wechsler
pointed to a 2013 U.S. Department of Justice memo that says when it
comes to medical marijuana, the federal government would generally defer
to state and local authorities.
Lewis injured her back on the job in
December 1998. Several surgeries followed but none alleviated her
chronic pain. In 2010, Lewis was accepted into the state's medical
marijuana program to treat her chronic pain.
In January, the Court
of Appeals overturned the decision of a workers' compensation judge who
had ruled that medical marijuana didn't constitute "reasonable and
necessary medical care" for a Farmington man with work-related back
injuries.
And in May 2014, the court upheld a decision by a
workers' compensation judge that required an automotive repair shop in
Santa Fe and its insurance company to reimburse Gregory Vialpando for the costs of marijuana to treat his chronic back pain.
As in the recent case, the court rejected the repair shop's argument that it would be required to violate federal law by paying for the marijuana.
New
Mexico started its medical marijuana program in 2007, although pot
remains illegal under federal law. About 13,000 patients are enrolled.
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