Home/Case Law/PEDRO DE DIOS vs. CARROLL'S TIRE WAREHOUSE, REDWOOD FIRE & CASUALTY INSURANCE COMPANY
Regular DecisionWorkers' Compensation

PEDRO DE DIOS vs. CARROLL'S TIRE WAREHOUSE, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

Filed: Sep 09, 2013
ADJ528481 (FRE 0244364) ADJ602408 (FRE 0247847)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed a finding awarding reimbursement for self-procured medical marijuana. The Board ruled that under Health and Safety Code section 11362.785(d), no insurance provider is liable for reimbursement for the medical use of marijuana. The Court further found the Agreed Medical Examiner's opinion regarding marijuana was based on applicant's statements, not medical expertise. Therefore, the employer is not liable for the cost of the self-procured marijuana.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed a finding awarding reimbursement for self-procured medical marijuana. The Board ruled that under Health and Safety Code section 11362.785(d), no insurance provider is liable for reimbursement for the medical use of marijuana. The Court further found the Agreed Medical Examiner's opinion regarding marijuana was based on applicant's statements, not medical expertise. Therefore, the employer is not liable for the cost of the self-procured marijuana.

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PEDRO DE DIOS vs. CARROLL'S TIRE WAREHOUSE, REDWOOD FIRE & CASUALTY INSURANCE COMPANY (2013) – | CompFox