In a much anticipated decision the Massachusetts DIA Reviewing Board has denied an employee’s claim for reimbursement of Medical Marijuana.

They affirmed the hearing decision of an Administrative Judge that found although Medical Marijuana would have a positive effect upon a permanently and totally disabled employee, the Federal Law, specifically the Controlled Substances Act (CSA), preempts Massachusetts State Law. The Reviewing Board found that requiring an Insurer to either reimburse an employee or make direct payment would be a direct violation of Federal Statutes and Policy and expose the Insurer to criminal prosecution.

This decision is entirely consistent with an earlier decision of the Maine Supreme Court and TKCK awaits a decision from New Hampshire on the same issue.

We anticipate that this decision will proceed to the next level at the Massachusetts Appeals Court. In the meantime Insurers are not required to make any payments for Medical Marijuana.

The decision can be found here .

If you have any questions, please feel free to contact either Attorney John Canniff or Attorney Mark Kelly .

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TKCK is a workers' compensation and civil litigation firm handling cases in the all six New England States (Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont) and at the Federal level for Longshore Harbor Workers’ Compensation Act and Defense Base Act claims.

We are approved panel counsel for most major insurers, including AIG, ACE/Chubb, Travelers, Liberty Mutual, Zurich, PMA, Utica, XL Specialty, Starr, The Hartford, CNA, Berkley, Acadia and others. We have longstanding partnerships with most major Third Party Administrators and Self-Insured Groups and we are designated counsel for many of the largest employers in New England.

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Tentindo, Kendall, Canniff & Keefe LLP
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