Legal Question in Workers Comp in California

I was injured at work on 4/19/2013. I work with developmental disabled adults

I have been off work since the injury occurred. My dr prescribed be norco for pain and they do not work for me. My neighbor is a hippie and suggested I try smoking pot to help with the pak. And it really helped me. Can work comp deny my claim if they decide to drug test me? I live in California and it it legal under prop 215 but I'm stressed on top of being in severe pain. I forgot to mention I was completely sober and clean at the time of injury

Asked on 5/10/13, 2:32 pm

2 Answers from Attorneys


They can't deny your calim since your smoking did not contribute to the cause of your injury. However, smoking pot is not considered an acceptable medical treatment for work-related injuries and insurance company will not pay for it. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 5/10/13, 3:34 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Unfortunately, yes. Cannabis seems to help a lot of people but you must remember: we are only at that stage in history where a doctor can "recommend" cannabis. However, nobody is willing to pay for it yet (insurance, disability, etc.). It is also illegal still at the Federal level (so much for States' Right's and Federalism.

So yes, they can deny you if they choose. Is that fair? No. Work with a lawyer if you want to fight this up hill battle. Some people just don't understand that cannabis does seem to have medicinal properties.

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Answered on 5/10/13, 3:34 pm

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