In a case of first impression, the Superior Court of New Jersey, Appellate Division, considered whether a workers' compensation judge can order an employer to reimburse an employee for the employee's use of medical marijuana prescribed for chronic pain following a work-related accident.

Painful job-site injury

In 2001, 28-year-old Vincent Hager was employed by M&K Construction (M&K) and working on a construction site when a truck delivering concrete dumped its cargo on him. Immediately after the accident, Hager experienced lower back pain that radiated down both legs. An MRI revealed herniation and bulging disks, and Hager was sent to see a neurosurgeon. Initially, Hager used his private health insurance to pay for the treatment. But when his pain prevented him from working, he left his employment and his health insurance was terminated, so he could no longer afford treatments.

M&K denied Hager's workers' compensation claim stating that it was investigating the matter. Hager retained counsel, who referred him to a neurosurgeon, Dr. William Klempner. In 2003, Hager was admitted to the emergency room with severe pain, and Klempner performed necessary medical procedures, which Hager mistakenly believed would be covered by M&K's workers' compensation carrier.