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Pa. High Court Agrees to Eye Whether Employer Must Pay for Injured Worker’s CBD Oil

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Pa. High Court Agrees to Eye Whether Employer Must Pay for Injured Worker’s CBD Oil | The Legal Intelligencer
















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Pennsylvania Supreme Court justices. Courtesy photo

NEWS

According to claimant Mark Schmidt, the court’s phrasing of the question was broader than what his employer raised in its appeal, expanding the issue to encompass an employer’s duty to reimburse injured workers for not just CBD oil, but any type of over-the-counter item.

May 02, 2024 at 08:00 AM

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What You Need to Know

  • The Pennsylvania Supreme Court agreed to consider whether an employer was obligated reimburse its employee for CBD oil he used to treat a workplace injury.
  • The case has the potential to significantly expand the kinds of treatments injured workers can receive compensation for.
  • According to the claimant, there is no case law on the meaning of “medicine” or “supply’ under the Workers’ Compensation Act.

The Pennsylvania Supreme Court on Tuesday agreed to take up a case that could significantly expand the kinds of treatments for which injured workers can receive compensation.

The high court’s Tuesday order in Schmidt v. Schmidt, Kirifides & Rassias granted an appeal of a split Commonwealth Court ruling determining that an employer violated the Workers’ Compensation Act by failing to reimburse its employee for CBD oil he used to treat a workplace injury.

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