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December 08, 2017




December 7, 2017

          GREAT NEWS FOR INJURED WORKERS…The New York State Workers’ Compensation Board Public Information Officer has advised that medical marijuana is covered “…for New York State approved indications within our workers’ compensation system,” according to an online new article dated November 8, 2017. The Law Firm of Alex Dell, PLLC is ready to help you obtain medical marijuana in connection with your New York Workers’ Compensation claim.

          The New York Compassionate Care Act provides a comprehensive, safe and effective medical marijuana program that meets the needs of New Yorkers. Currently, only patients with one or more of the following severe, debilitating or life threatening conditions may qualify for the medical marijuana program: chronic pain, post-traumatic stress disorder, damage to the central nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, neuropathy, cancer, epilepsy, inflammatory bowel disease, Parkinson’s disease, multiple sclerosis, Huntington’s disease, amyotrophic lateral sclerosis (ALS), or positive status for HIV or AIDS.

          The severe debilitating or life-threatening condition(s) must also be accompanied by one or more of the following associated or complicating conditions: severe or chronic pain, severe or persistent muscle spasms, severe nausea, seizures, or cachexia or wasting syndrome.

          The 1st step to obtaining medical marijuana (and getting the workers’ compensation insurance carrier or administrator to pay for the cost of the marijuana) is to speak with your treating medical practitioner about whether the medical use of marijuana is appropriate for your condition(s). If your practitioner concludes it is an appropriate treatment for you, and the practitioner is registered with the New York State Department of Health’s Medical Marijuana program, the practitioner can issue you a certification for medical marijuana.

          In certain situations, depending on the type of injury or injuries which you sustained at work, the practitioner may have to file a written request for authorization for the marijuana with the New York State workers’ compensation insurer/administrator, and the New York State Workers’ Compensation Board. The request for authorization should explain why the use of medical marijuana is medically necessary and related to your occupational trauma, why it would be a more effective form of treatment than your previous treatment, and any Workers’ Compensation Board recommended treatment. Once your registration is processed and the appropriate authorization is obtained-if necessary, you may visit a dispensing facility to obtain medical marijuana products.

          Approved forms of marijuana include liquid and oil for vaporization or administration via inhaler, and oral capsules. Currently, smoking is not permitted, and the regulations prohibit edibles.

          Ask you practitioner today whether medical marijuana is a safer, more effective alternative than opioids for you. For more information on how we can help you obtain medical marijuana and have your workers’ compensation insurance carrier/administrator pay for and/or reimburse you for the cost of the marijuana, contact our office today. (518) 862-5555.

The Law Firm of Alex Dell, PLLC is here to help you now!