Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863?

In Cockrell v. Farmers Insurance, 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ's finding that the applicant was entitled to reimbursement (as opposed to providing or paying the supplier) for self-procured medically recommended marijuana in an amount reflected in the fee schedule for medications being replaced by medical cannabis or for the actual expense of marijuana, and returned the matter to the WCJ for further proceedings. The WCAB found that neither parties nor the WCJ considered whether a workers' compensation insurer constitutes a "health insurance provider" for purposes of...read more.

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004

In Garcia v. E Recycling of California, Zurich North America, 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ's finding that the lien claimant Western Medical Center was entitled to payment of fees in excess of the inpatient fee schedule set forth in the Official Medical Fee Schedule (OMFS) pursuant to 8 Cal. Code Reg. � 9792(c)(2) due to the applicant's urgent injury and extraordinary nature of services provided by the lien claimant, and held instead that the lien claimant was only entitled to payment pursuant to the 2004 OMFS and nothing further. The WCAB reasoned that...read more.