Dugal v. Twin Rivers Paper
Sedgwick Claims Management Services
January 10, 2017
Medical marijuana Knee Treatment of Work Injury Non-Work Injuries
Summary from the Troubh Heisler Attorneys
Dugal injured her left knee and sought reimbursement for the medical marijuana she purchased, among other medical bills. Judge Pelletier denied that portion of her petition, finding that she failed to prove that the cannabis was for treatment of her work injury.
Dugal appealed only the finding that her neck and mid back conditions were not related to the work injury. She argued on appeal that she never claimed at hearing they were related, and she was concerned that res judicata would bar her from ever claiming they related. The Appellate Division affirmed the decision, however, allowing the parties to litigate the compensability of the neck and back conditions and the res judicata issue, should they arise in later litigation.