Court: Board wrong to deny workers’ comp for medical pot

CONCORD, N.H. — The New Hampshire Supreme Court has ruled that a labour appeals board was wrong to determine that workers’ compensation insurance can’t reimburse an employee for the cost of medical marijuana.

Andrew Panaggio hurt his back at work and was approved by the state Health Department to participate in the therapeutic cannabis program and receive medical marijuana for his ongoing pain in 2016. He sought reimbursement through workers’ compensation, but his insurance carrier denied it on the grounds it wasn’t necessary.

Panaggio appealed to the state compensation appeals board. It rejected the insurance carrier’s argument, but still denied reimbursement, saying that wasn’t legal under state or federal law.

The court said Thursday the board didn’t articulate the law that supports its decision and sent Panaggio’s case back for further determination.