Under the New Jersey Workers’ Compensation Act (the Act), employers are required to provide employees who suffer work-related harm with workers’ compensation benefits, including medical benefits. In some cases, though, even if an employer concedes that an employee is eligible to recover benefits, it may dispute what treatment is reasonable and necessary. The process for determining whether novel treatments are covered under the Act was recently discussed by a New Jersey court opinion in a case in which the employer denied the employee’s claim for the cost of stem cell therapy. If you were hurt at work, you should speak to a skillful New Jersey workers’ compensation attorney to discuss what medical treatment your employer may be required to provide for your injuries.

History of the Case

It is alleged that the plaintiff, who worked as a housekeeper for the defendant, injured her right bicep and shoulder while making a bed and required surgery for her injuries. She then injured her cervical spine and left shoulder a few months later and underwent a second surgery. She filed workers’ compensation claims for both sets of injuries, and an order was entered granting her disability and medical benefits that approved treatment with an orthopedist. Traditional treatment methods failed, and her treating doctors recommended that she undergo stem cell treatment for her shoulder.

Reportedly, the plaintiff filed a motion for medical benefits asking the court to order the defendant to pay for her stem cell therapy and attached a report from her doctor advising the treatment was the last option before surgery and therefore was medically necessary. The defendant opposed the motion arguing the treatment was not approved by the FDA. A discussion was held in chambers, and the court found in favor of the plaintiff, after which the defendant appealed. (more…)

Employees that suffer work-related injuries may be entitled to certain workers’ compensation benefits, including medical treatment. Specifically, New Jersey’s Workers’ Compensation Law (the Law) provides that employers must provide employees with any medical treatment that is necessary and reasonable. Recently, a New Jersey appellate court analyzed whether an employer’s duty to provide an employee with medical treatment includes the duty to compensate an employee for the cost of marijuana that was prescribed under the New Jersey Medical Marijuana Act (the Act). If you were injured at work, you may be eligible to recover workers’ compensation benefits, including medical treatment, and you should speak to a New Jersey workers’ compensation attorney about your rights.

Facts of the Case

It is alleged that in 2001, the employee suffered an injury while working for the employer. Specifically, he suffered herniation and bulging of discs in his lumbar spine when a dump truck emptied a load of concrete onto him. The employee filed a workers’ compensation claim, but the employer disputed that the employee’s injuries were work-related. The employee then underwent a variety of treatments, including surgery and the use of opioid pain medication, which he paid for himself, but he continued to suffer from chronic debilitating pain. He then began treating with a doctor who specialized in palliative care, who ultimately determined that the employee was a candidate for a medical marijuana program.

Reportedly, fifteen years after the injury occurred, a workers’ compensation trial was held to determine what benefits, if any, the employer owed the employee. At that time, the employer stipulated that the employee suffered a work-related injury but argued it was not obligated to reimburse the employee for the cost of his medical marijuana. Specifically, the employer argued that paying for medical marijuana would be tantamount to aiding and abetting a crime. The court ultimately found in favor of the employee and determined that employers were not exempt from reimbursing employees for the cost of medical marijuana treatment. The employer appealed the trial court ruling. (more…)