In Schmidt v. Schmidt, Kirifides & Rassias (WCAB), 1039 C.D. 2021, filed November 14, 2023, a case of first impression, the Pennsylvania Commonwealth Court ruled that claimants are entitled to reimbursement for out-of-pocket payments for cannabidiol (CBD oil), as it is both a medicine and supply under the Workers’ Compensation Act, without requiring submission of billing forms.

On behalf of the carrier, an appeal was filed with the Pennsylvania Supreme Court on December 14, 2023. The carrier presented four questions for review:

1.    Does CBD oil fall under the “medical services” or “medicine and supplies” language of Section 306(f.)?; 
2.    Are employers required to reimburse claimants for health food store purchases of CBD oil without any supporting documents, medical records, HCFA forms or prescriptions?; 
3.    Does Section 306(f.1) mandate direct payment to a claimant for out-of-pocket expenses for “medicine and supplies” without submission of any supporting medical records, HCFA forms or prescriptions?; and 
4.    Do the cost containment regulations apply to a claimant’s purchase of dietary supplemental or CBD oil?

Of note: This type of appeal is discretionary. According to our Appellate Advocacy and Post-Trial Practice Group, the Pennsylvania Supreme Court accepts approximately five percent of the appeal requests it receives. It typically takes four to six months for the court to decide if an appeal will be accepted. Marshall Dennehey will continue to monitor this appeal and provide updates as available.