“I think the dissent was accurate

Employers don’t have to pay for medical marijuana

Canada Goose Outlet PORTLAND, Maine Maine employers and insurers cannot be compelled to pay for an injured worker’s medical marijuana, the state’s highest court ruled Thursday. Canada Goose Outlet

Canada Goose canada goose outlet jackets sale In a 5 2 decision, justices Canada Goose Outlet canada goose outlet ottawa with the Maine Supreme Judicial Court ruled federal law takes precedence in the case of former Madawaska millworker Gaetan H. Bourgoin vs. Twin Rivers Paper Co. Canada Goose sale

cheap Canada Goose The disabled former millworker tried a variety of opioid based painkillers over the years without relief, according to court documents. The cost of medical marijuana runs between $350 and $400 a month compared to the more than $2,000 a month it had cost for Bourgoin opioid based prescription painkillers, Bourgoin attorney, Norman canada goose outlet miami Trask of Presque canadagooseonline.info Isle, stated in his brief to the state high court. cheap Canada Goose

buy canada goose jacket cheap In February 2012, Bourgoin filed a “petition for payment of medical and related services” with the state’s Workers’ Compensation Board seeking payment from Twin Rivers for the cost of the medical marijuana. Twin Rivers opposed the petition, canada goose outlet buffalo contending that a “private health insurer” shouldn’t be required to cover the cost of medical marijuana and that doing so put it in violation of federal law. buy canada goose jacket cheap

canadian goose jacket In 2015, the Maine Workers Compensation Board ordered that Sedgwick Claims Management canada goose outlet trillium parka black Services of Memphis, the third party that administers Twin Rivers insurance plan, reimburse Bourgoin for his medical marijuana. canadian goose jacket

Canada Goose online The company appealed to the appellate division, which affirmed canada goose outlet uk sale the hearing officer’s decision. The Law Court then granted Twin Rivers petition for appellate review. canada goose outlet eu Canada Goose online

canada goose coats on sale The supreme court concluded that in the narrow circumstances of the case, where an employer is subject to an order that would require it to subsidize an canada goose outlet uk fake employee’s acquisition of medical marijuana, there is a positive conflict between federal and state law, and as a result, the Controlled canada goose jacket outlet uk Substances Act preempts the state’s medical marijuana law. canada goose coats on sale

Canada Goose Parka In reaching their decision, canada goose outlet uk justices said that canada goose outlet in new york federal law bars the prescribed use of marijuana and any other schedule 1 drug, even in a state with local laws allowing the medical use of marijuana. Canada Goose Parka

“Therefore, were Twin Rivers to comply with the administrative order by subsidizing Bourgoin’s use of medical marijuana, it would be engaging in conduct that meets all of the elements of criminal aiding and abetting,” wrote Hjelm.

canada goose canada goose outlet in canada deals “So long as marijuana remains a Schedule 1 substance under the CSA, an employer ordered to compensate an employee for medical marijuana costs is thereby required to canada goose womens outlet commit a federal crime defined by the CSA,” Hjelm wrote. canada goose deals

buy canada goose jacket Justices Joseph Jabar and Donald Alexander dissented, stating they did not believe that the federal law preempted the state law in this case. buy canada goose jacket

canada goose store Jabar wrote that the severity and chronic nature of Bourgoin’s pain and canada goose outlet winnipeg address his “many and varied attempts to try different treatments, none of which were effective, and the ultimate effectiveness of medical marijuana for his canada goose outlet near me particular situation, show that the medical use of marijuana was reasonable and proper in the case.” canada goose store

Canada Goose Jackets Bourgoin’s attorney said Thursday afternoon that he and his client canada goose outlet toronto were “disappointed” in the ruling. canada goose outlet website legit Canada Goose Jackets

canada goose “I respectfully disagree with the majority decision and agree with the dissenters,” Trask said. “I think the dissent was accurate. The gist of the majority said that reimbursing my client canada goose outlet authentic put them in jeopardy of federal prosecution for a drug crime. I don’t think it is accurate. Reimbursing someone for canada goose outlet store toronto legally prescribed and purchased marijuana doesn’t give rise to a crime which is what the dissenter said.” canada goose

canada goose black friday sale He also said that there was a significant human element to the case. canada goose black friday sale

canada goose coats “My client has had a hard time for 25 years, he was been near suicidal at times and near death at times taking the [narcotic pain killers]. He has finally gotten off opiods and got canada goose premium outlet a semblance of a normal life.” canada goose coats

canada goose clearance sale Trask said that he believed that Bourgoin would continue to attempt to get marijuana, but it will be “difficult for him.” canada goose clearance sale

canada goose clearance The ruling sends the case back to the Workers’ Compensation Appellate Division to vacate the decision of the hearing officer and effectively canada goose outlet toronto address deny payment of medical expenses and services canada goose clearance.

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