AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Worker sustained a low back injury during employment, leading to severe chronic pain and multiple surgeries. Despite using narcotic pain relievers and antidepressants, the Worker's pain remained intense. The Worker was certified to participate in the New Mexico Medical Cannabis Program for severe chronic pain. The Workers' Compensation Judge (WCJ) found medical marijuana to be a reasonable and necessary medical care, ordering the Employer to reimburse the Worker for the medical marijuana expenses (paras 2-4).

Procedural History

• Appeal from the Workers’ Compensation Administration, Terry Kramer, Workers’ Compensation Judge.

Parties' Submissions

• Worker-Appellee: Argued that medical marijuana, as recommended by healthcare providers and authorized by the Compassionate Use Act, constitutes reasonable and necessary medical care for the Worker's severe chronic pain (paras 3-4, 9).
• Employer/Insurer-Appellants: Contended that the WCJ's order for them to reimburse the Worker for medical marijuana is illegal and unenforceable under federal law, contrary to public policy, and that the Workers’ Compensation Act does not recognize reimbursement for medical marijuana (para 1).

Legal Issues

• Whether an employer and insurer must reimburse an injured worker for medical marijuana used pursuant to the Lynn and Erin Compassionate Use Act, considering the legality and enforceability under federal law and the Workers’ Compensation Act (para 1).

Disposition

• The Court of Appeals affirmed the WCJ's decision that the Workers’ Compensation Act authorizes reimbursement for medical marijuana (para 1).

Reasons

• The Court, per Judge James J. Wechsler, with Judges Cynthia A. Fry and Michael E. Vigil concurring, held that the Workers’ Compensation Act requires employers to provide reasonable and necessary health care services, which can include medical marijuana under the Compassionate Use Act. The Court found that the Act and its regulations, when read together, support the WCJ's order for reimbursement of medical marijuana as a reasonable and necessary service for the Worker's treatment. The Court rejected the Employer's arguments that the order was illegal under federal law or contrary to public policy, noting the Department of Justice's deferential enforcement policy on state-authorized marijuana use and emphasizing New Mexico's clear public policy on the beneficial use of medical cannabis. The Court concluded that the legislative intent of the Compassionate Use Act and the Workers’ Compensation Act, when considered together, supports the WCJ's decision (paras 5-17).