Court snuffs out rejection for medical marijuana

Medical specialist wrote a prescription but WCB's consultant didn't support its use
|Canadian Employment Law Today|Last Updated: 10/17/2012

An application for workers’ compensation for prescribed medical marijuana shouldn’t be dismissed simply because a medical consultant doesn’t support it, the Saskatchewan Court of Queens’ Bench has ruled.

The worker suffered two injuries to his back in 1981 and 1997, which led to ongoing pain and back spasms that surgery couldn’t fix. He was deemed unemployable by the Saskatchewan Workers’ Compensation Board (WCB) in 2002.

By this time, he had tried many drug therapies and treatments that didn’t help much and caused severe side effects. His specialist recommended he try using marijuana and, in December 2002, Health Canada authorized him to posess medical marijuana.