Medical Marijuana: An Inevitability in Georgia Workers’ Compensation Claims?

Georgia law is clear that in the event that an injury is deemed compensable, the employer must provide the injured worker with medical treatment which is prescribed by a licensed physician, and which “shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment.” Less clear, however, is how the law will be applied if–or perhaps more aptly, when—an authorized physician prescribes medical marijuana to an injured worker in a workers’ compensation claim.

The likelihood of this scenario just became much closer on the horizon in light of the passage of a new bill by Georgia lawmakers on March 25, 2015, which is expected to be signed into law by Governor Deal. This law, which will allow for the use of cannabis oil for eight different medical conditions, will make Georgia one of 24 states which have already legalized the “Schedule 1” drug in some capacity. Given the specific medical conditions which are delineated by the bill, this law will most likely not have an impact on workers’ compensation claims for the time being. However, it undoubtedly paves the way for future laws which may have a wider scope.

In the context of workers’ compensation, the legalization of marijuana will certainly create an array of legal questions, not the least of which include the cost of the drug, its viability, and how legalization may impact the “intoxication defense” or “drug-free workplace” programs in the state. In that regard, Georgia will be looking to other states which have already begun dealing with such issues. The Court of Appeals in New Mexico, for example, determined in January of 2015 that medical marijuana was “reasonable and necessary” for an injured worker who had failed traditional pain management methods. Undoubtedly, the time for Georgia to answer these questions is fast approaching, and it’s high time that employers and insurers begin to prepare.

Written by: James G. Smith, Esq.