The Michigan Legislature recently enacted an amendment to the Workers’ Disability Compensation Act, providing that employers are not required to reimburse or cause to reimburse charges for medical marihuana treatment.

Senate Bill 933, 2012 PA 481. The amendment became effective four week ago on December 28, 2012. It added a new provision to the Act, Section 315a (MCL 418.315a).

Because the bill does not state otherwise, the new provision will be given prospective application and will apply only to medical marihuana use for injury dates on and after the effective date of the amendment, December 28, 2012. Reimbursement or payment for medical marihuana use for injury dates prior to December 28, will be subject to the law in effect on the date of injury (was the treatment causally related to the injury, reasonable and necessary and legal?).

This is intended to alert you to a change in the law and should not be relied upon as legal opinion or advice in a particular employee’s workers’ compensation claim. Please contact us if you have a specific factual scenario you would like to discuss.

Please share this with anyone else who may be interested in it.

Thank you!

Len Hickey & John Combs
Hickey Combs PLC
3358 Eagle Run Drive NE
Grand Rapids, MI 49525
(616) 364-2550
www.hickeycombs.com

January 23, 2013

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