18 Jul. 2018

Attorney O'Connor Fights NH Supreme Court in Extending Workers Comp Insurance to Cover Medical Marijuana Prescriptions to Injured Workers

Posted By Shaheen & Gordon, P.A.

When Andrew Panaggio was prescribed what the state calls "therapeutic cannabis" for a work-related spine injury, he was relieved to find that it improved his daily functioning and allowed him to avoid the dangers of opioids. But the workers' compensation insurance company responsible for providing his care refused to pay for it. Andrew reached out to Shaheen and Gordon attorney Jared O’Connor to make the insurance company follow the law and pay for this life altering medication.

The use of medical marijuana to safely and effectively treat chronic pain has been legal in New Hampshire since 2013. In June of 2018, Attorney O’Conor brought this case to the New Hampshire Supreme Court, where he argued that the insurance carrier's purported concerns about conflicts with federal law were baseless, and that the insurer should be ordered to comply with New Hampshire's Workers' Compensation law. A decision from the court - among the first in the nation to ever directly address the issue - may be expected in three months or more.

The Union Leader profiled the case here (http://www.unionleader.com/article/20180710/NEWS21/180719980?utm_source=getresponse&utm_medium=email&utm_campaign=nhbr&utm_content=NH+Business+Review+News+Browser) and audio of the oral argument itself is available here (http://www.courts.nh.gov/pastsessions/June18/20170469a.mp3).

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