Medical Marijuana for injured workers – The Law, marching with medicine but at the rear and limping a little

Medical Marijuana/CBD oil is increasingly being prescribed to injured workers who are dealing with both psychiatric and chronic pain issues.

An accepted Comcare claim entitles injured Commonwealth workers to claim for “reasonable” medical costs associated with treatment connected to their injury claim.

As medicine progresses, more doctors are turning away from prescribing opiates and they are seeing the benefits medical marijuana has for their patients.

Unfortunately, Comcare frequently refuses to fund medical marijuana treatment if they are of the view that the treatment isn’t ‘reasonable’.

New and novel or alternative medicine is often rejected by claims agents who appear to prefer conservative or traditional treatment options.

The famous quote: “Law, marching with medicine but at the rear and limping a little”, comes from a judgment of Justice Windeyer in the High Court of Australia in the case Mount Isa Mines v Pusey.

It is fitting of the current trend we are seeing with respect to medical marijuana and how it is frequently rejected by Comcare.

Anecdotally, injured workers who are prescribed medical marijuana have expressed to me that it is a complete game changer in their treatment plan because it is not as addictive or hard on the body as other types of medication they have previously been prescribed. Opiates are known to make you feel foggy and have consequences for dental health (dry mouth) as well as being hard on the stomach.

At TGB Lawyers, we are firm believers that injured workers should be able to access their treatment. No one should be prevented from benefitting from emerging therapy and medication that is made available to them.

If your claim for medical expenses has been rejected, you can challenge it.

Why should I engage a lawyer?

Rejected medical expenses claims are generally complex and involve a number of important considerations. It is essential to get good legal advice if your treatment has been rejected.

If this happens to you, you have the right to challenge the determination, and a lawyer will be best placed to advise and assist with this process.

At TGB Lawyers, we frequently assist people who are wanting to access the best treatment plan for them. We can provide advice and assistance with any appeals to the Administrative Appeals Tribunal if the Determination rejects their entitlement to reasonable medical expenses.

Get in touch!

If you have a work injury, it is worth seeking legal advice to help you navigate through the complex claims process. If you have been injured at work this is relevant to you – whether you are a Commonwealth employee or fall under a State Workers Compensation scheme!

Tindall Gask Bentley has been practising workers compensation law for over 50 years, so don’t hesitate to get in touch with us.

You can fill out our Workers Compensation enquiry form and we’ll contact you, or feel free to contact our Workers Compensation team on 1800 730 842. Alternatively, you can contact Alex Harris direct on aharris@tgb.com.au. Alex is a Senior Associate in our Personal Injury team with extensive experience in South Australian (SA) Workers Compensation and Comcare (Commonwealth employee) claims.