Q: Can they stop workmans comp. for smoking marijuana that is used for chronic pain and depression?
A: First of all Comp can't be stopped without hearings and order of the Judge. If marijuana is legal in the state and doctor perscribes it,probably no. In Pa it is I believe still illegal. So the defense would try to stop your benefits. Whether they would win or not depends on much more
A: There are no PA cases that I am aware of addressing this issue. I have reviewed cases from other states where marijuana has been legal for some time that indicate an employer has a right to potentially terminate your employment based upon marijuana use since it is still a violation of federal law. That does not mean that your workers' compensation benefits will stop. What it does mean is that if you are released to work with restrictions your employer can file a petition to challenge your ongoing entitlement to wage loss benefits based upon an argument that but for your violation of federal law they could have provided you with suitable work. I would suggest that you talk to a workers' compensation lawyer in your area for a more detailed analysis of your particular case.
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