|
In October 2021, the Minnesota Supreme Court handed down a
groundbreaking decision after its review of the Bierbach v. Digger's
Polaris and Musta v. Mendota Heights Dental Center workers'
compensation cases. Click Here for a full analysis of those cases. In
summary, the Minnesota Supreme Court held that Minnesota Workers’ Compensation Courts,
including the Workers’ Compensation Court of Appeals (WCCA), lack
jurisdiction to decide whether federal law preempts Minnesota law requiring
an employer or insurer to reimburse an employee for medical treatment in
the form of medical cannabis. The Minnesota Supreme Court also held that
the Minnesota Workers’ Compensation Act is preempted by the Federal
Controlled Substance Act (CSA). As such, Minnesota Employers and
Insurers are not required to reimburse employees for medical cannabis used
to treat a work injury.
The Supreme Court of the United States is now reviewing the
decision of the Minnesota Supreme Court to provide guidance to lower courts
and states around the country regarding compensability of medical cannabis.
Click the following links for the SCOTUS dockets in Musta v.
Mendota Heights Dental and Bierbach v.
Digger’s Polaris. In addition to legal
briefs and arguments submitted by the parties, the U.S. Supreme Court has
now invited the Biden Administration to submit a brief regarding the
issues. This news certainly signals that this case could become a landmark
decision.
Employers, Insurers, and courts in every state have been faced
with very difficult questions as to the application of state cannabis laws
that contradict the federal prohibition. Given this pending United States
Supreme Court case, workers’ compensation professionals around the country
will likely receive some guidance as to whether there is a legal requirement to reimburse
employees for medical cannabis used to treat a work-related injury and
whether the federal Controlled Substances Act preempts contradictory state
laws.
For now, the state of the law in Minnesota remains
unchanged, and Employers and
Insurers are not required to reimburse employees for medical cannabis used
to treat a work injury in Minnesota. We will continue to monitor the filings at the United States
Supreme Court closely, so please feel free to reach out with any questions. Summary by Parker T. Olson
|
