New Mexico Makes Cannabis Part of Worker’s Comp

A recent law suit in the state of New Mexico found in favor of cannabis being covered by worker’s compensation— as long as the patient has proper doctor’s approval for their use. 

A man named Gregory Vialpando was injured on the job in 2000 when he hurt his back working on a car at Ben’s Automotive Services where he was employed. He has been using cannabis to treat the pain with doctor’s permission, and as such, tried to get financial compensation for this use. Both his employer and his insurer refused, citing the fact that cannabis is federally illegal as their reasoning, despite the fact that it is what Vialpando was using as medication. 

Vialpando took the issue to the court of appeals in New Mexico, and they ruled that because of their findings in the past “to allow for the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments,” Vialpando’s treatment falls under the category of “reasonable and necessary care” and should be “embraced.”

This is great not only for cannabis users, but for others who find their relief outside of mainstream medicine, as well. For example, under these conditions, someone could get compensation for their acupuncture, massage yoga class, or other alternative treatments, like equipment they use for exercise or therapy. This is a far cry from previous years, when only very traditional medicines were being covered in most states. 

So far, Colorado, Oregon, and Washington have come to similar decisions about offering workers comp to cannabis users as long as they have doctor’s approval. Colorado is still in deliberation on the matter, but is expected to come to a similar consensus. This is definitely a step in the right direction for medical practice and worker’s healing everywhere.