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In the case of Christopher Cockrell v Farmers Insurance a June 20, 2012 Findings and Award ordered reimbursement “for self-procured medically recommended marijuana as opposed to providing or paying a supplier of this drug is awarded in a sum not to exceed the lower of the fee schedule for medications being replaced by the medical cannabis or the actual expense of the self-procured item.”

The defendant filed a Petition for Reconsideration contending that the WCJ erred in finding that applicant was entitled to reimbursement for self-procured medical marijuana.

The WCAB Noted that neither the parties nor the WCJ considered the application of Health and Safety Code section 11362.785(d), which states that “Nothing in this article [Medical Marijuana Program] shall require a governmental, private, or any other health insurance provider or health care service plan to be liable for any claim for reimbursement for the medical use of marijuana.” (See also Lab. Code, §§ 4600.35 et seq.)

For that reason, the WCAB granted reconsideration, rescinded the Findings and Award of June 20,2012, and returned the matter to the trial level for further proceedings to consider application of Health and Safety Code section 11362. 785( d) to this matter.