Highlights of Noteworthy Decisions

Decision 1899 21
E. Smith
  • Health care (medical aid) (marijuana)
  • Board Directives and Guidelines (health care) (cannabis)

The worker appealed a decision of the Appeals Resolution Officer denying reimbursement of the costs of medical marijuana for his bilateral elbow epicondylitis.

The appeal was dismissed.
Board policy on medical cannabis provides that medical cannabis may be approved if all seven conditions listed in the policy are met. One of the conditions is that the worker has one of the designated conditions listed in the policy. Epicondylitis was not a designated condition.
The limitation of the policy coverage to the listed designated conditions was based on a determination that the risks associated with medical cannabis outweighed the benefits except with respect to the designated conditions. The policy was not inconsistent with the Act. It was within the Board's discretion to establish policy that weighs medical facts and the risks and benefits of a medical treatment to determine what health care is necessary, appropriate, and sufficient.
There were no exceptional circumstances such that the merits and justice policy would apply.