When is it Reasonable to Pay For a Treatment Plan?
It is increasingly difficult for insurers to know whether or not Medical Marijuana is the optimal treatment for injuries claimed; whether dosages and delivery methods are appropriate; whether the costs of necessary treatments are reasonable; and whether the individual is safe to return to their pre-injury work on Medical Marijuana. With Federal legalization on the horizon, it will also become imperative for insurers to be able to determine the difference between pre-accident recreational, and post-accident medicinal – Is there in fact a difference?
Good Faith, Duty to Accommodate, and the Cost of Care
Insurers (e.g. T.N. v. Personal Insurance Co. of Canada) and a growing number of employers across Canada are being asked by arbitrators and the courts on an increasing basis to either fund the Marijuana prescription and/or accommodate injured workers returning to work with prescribed Medical Marijuana. Unfortunately, they are being asked to do so without clear guidelines or adequate medical expertise as to how to go about it. Currently, there is considerable confusion in the industry with regard to the appropriate use of Medical Marijuana, as well as a deficit in expertise among those being asked to address the issue. The use of medical marijuana in Canada is on the rise and Health Canada projects that the country’s number of medical marijuana users could grow by as many as 450,000 in the next decade. Pending Federal legalization initiatives may in fact increase this number as individuals seek rehabilitative funding for their consumption, post-accident. The duty to accommodate does in fact extend to disabled individuals who use medical marijuana; and as such, also extends to insurers by way of funding and accommodation considerations in the adjudication process. Many Insurers are already beginning to see a growing number of cases requiring specialized analysis and guidance as to the reasonableness of such claims.
RIDM leads the way in Medical Marijuana expertise.
As a truly National Service Provider, Rapid Interactive Disability Management, provides expert guidance, by way of specialized Medical Marijuana IME’s, to assist Insurer’s in navigating the growing and sometimes complicated issue of Medical Marijuana in the Disability Claims adjudication process.