Atkinson Law Office Wins Minnesota's First Work Related Medical Marijuana Case!

Earlier this year, I wrote a blog article about the expansion of medical marijuana as a tool for treating chronic pain and muscle spasm.  For those who are new to the changes in Minnesota law, in 2015 medical marijuana use was expanded through rules changes by our state legislators and Governor Mark Dayton.  By the summer of 2016 medial marijuana can now be prescribed for pain purposes alone.  Prior to this legislative change, medical marijuana was primarily allowed to only treat terminally ill patients.  No more!

For those of us who represent injured workers, we have noticed dramatic changes in the use of prescription narcotics and opioids in treating chronic and often intractable pain.  Gone are the days when Oxycodone or Percocet are prescribed for months or years to treat chronic pain.  Now a cost effective and far less addictive alternative is being allowed as an effective potential tool by medical practitioners to replace opioids and narcotics.  And Atkinson Law Office is proud to be leading the charge in this change.

In the fall of 2015 Atkinson Law Office was contacted by an injured Minnesota workers compensation claimant who suffers from chronic pain.  He fought long and hard to avoid using narcotic medications following his return to full time employment.  Despite multiple spine surgeries and hard work to retrain himself, he was still plagued by chronic muscle spasm and pain.  Working with the injured worker, Atkinson Law Office filed a claim petition seeking payment of medical marijuana for our client.  Though the insurance company initially fought our efforts, through skillful advocacy for our client the insurance company eventually was force to agree to pay for his medical marijuana.   At a fraction of the cost of narcotic medications, medical marijuana also has far less addictive properties than narcotics and is a reasonable alternative to control pain and muscle spasm.  Atkinson Law couldn't be prouder in being Minnesota's first successful medical marijuana victory in a workers compensation claim.  

If you or a loved one has sustained a work related injury, the lawyers of Atkinson Law are tenacious fighters in helping you recovery the benefits you deserve.  With over 50 years of combined legal expertise we specialize in workers compensation.  Every year we help injured workers recover millions of dollars in workers compensation benefits.  Contact us today for a FREE consultation.  There is never a fee to speak to our workers compensation experts.  Call 651-333-3636 today!  We have operators workers 24 hours/day 7 days/week ready to hep you speak with a real live attorney.

I Have A Minnesota Workers Compensation Injury. Can I Receive Medical Marijuana For My Pain?

Earlier this year Minnesota joined others states in permitting the prescription of medical marijuana or cannabis by a medical doctor.  Initially medical marijuana was only permitted for certain diseases or conditions.  At the time the law was enacted in 2015 medical marijuana was not permitted to be prescribed for pain purposes alone.  This resulted in dozens of experts, health care professionals and individuals complaining and testifying before the Minnesota legislator that this exception was unfair and cruel.  Whereas narcotic and opioid drugs, that far more addictive are readily available, a safer treatment plan using medical cannabis is prohibited.  

After much debate the Minnesota Commissioner of Health approved the used of medical marijuana and cannabis to include "“intractable pain” (as defined by Minn. Stat. 152.125).  Above is the timeline for implementation of Minnesota's prescription of medical marijuana and cannabis for pain.  

Now that Minnesota has allowed for the prescription of medical cannabis for pain beginning the summer of 2016, the question remains what is "pain".  The statute attempts to define "intractable pain" but I assure you that we will spend the next few years determining what it actually means and how it should be applied to pain associated with work injuries.

 Subdivision 1. Definition. For purposes of this section, “intractable pain” means a pain state in which the cause of the pain cannot be removed or otherwise treated with the consent of the patient and which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts. Reasonable efforts for relieving or curing the cause of the pain may be determined on the basis of, but are not limited to, the following: (1) When treating a nonterminally ill patient for intractable pain, evaluation by the attending physician and one or more physicians specializing in pain medicine or the treatment of the area, system, or organ of the body perceived as the source of the pain; or (2) When treating a terminally ill patient, evaluation by the attending physician who does so in accordance with the level of care, skill, and treatment that would be recognized by a reasonably prudent physician under similar conditions and circumstances.

At Atkinson Law Office we have already begun exploring the benefits of medical marijuana with our clients.  We expect to file our first claim shortly.  If you have suffered a Minnesota workers compensation injury, regardless of whether you believe you are receiving all of your proper benefits it would benefit you to contact our expert attorneys to discuss your claim.  This consultation is free.  Contact our office today at 651-333-3636.  We represent clients across the state of Minnesota and country who have sustained Minnesota workers compensation injuries.  Visit us today at www.mndisability.com