BREAKING NEWS: On April 30, 2024, the Pennsylvania Supreme Court granted allocatur in the case of *Schmidt v Schmidt (WCAB*), No. 658 MAL 2023. This case applies only to CBD oil used by injured workers and whether carriers must reimburse them for their out-of-pocket costs for use. The outcome of this appeal will not directly affect medical marijuana reimbursements to injured workers though it could be persuasive in terms of the procedure to make such requests. The Commonwealth Court found CBD reimbursable under thePA Workers Compensation Act as a "medical supply."
The Court has framed the issues to include (1) if CBD and other over-the-counter dietary supplements are "medical services" and "medicines and supplies" under Section 306(f.1) of the Act because they do not require a doctor’s prescription; (2) Do the workers’ compensation cost containment regulations apply to CBD oil; and (3) Does that section require carriers to reimburse claimants directly and if so, what documentation, if any, must be provided by the injured worker.
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