“But Judge, I Never Inhaled.”
Boy how times they are a-changin’. In 1992, then-Governor Bill Clinton claimed to have experimented with marijuana, but didn’t inhale it. In the 2016 presidential race, I doubt that marijuana use will be a very big campaign issue.
Unfortunately for some non-compliant claimants, it is still a big deal.
We recently won a Medical Fee Dispute for one of our employers/clients. The injured worker was a long-term user of pain medicines and had exhibited the presence of THC in numerous drug tests. Our client argued successfully that the patient’s use of marijuana was against physician orders and constituted non-compliance with his treatment plan.
The ALJ was not persuaded by the claimant’s contention that he was not “using,” but was just exposed to second-hand marijuana smoke. Nice try. Our client is no longer responsible for paying for the prescription narcotics.
Marijuana can be a big deal. As the legal landscape rapidly changes, our advisors can help you see through the smoke.
Call us. We can do better.
William Faris, JD
Chief Executive Officer