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ARTICLE · 17 FEBRUARY 2021

Workers compensation claims: cannabis as medical treatment

Bartier Perry Solicitors
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Whether medicinal cannabis is reasonably necessary as a result of injury will depend on the facts & evidence presented.

AustraliaEmployment and HR
Kate Ralph
Kate Ralph
Stephen Marsh
Stephen Marsh
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The use of medicinal cannabis as a medical treatment, particularly with respect to pain, has seen an increase in popularity in recent years.  Examples include cannabis oil, oral spray and topical gels.

Owing to this increase in popularity, we are seeing more workers compensation claims for payment of medicinal cannabis as a medical treatment.

Is medicinal cannabis medical or related treatment?

The definition of medical or related treatment in the Workers Compensation Act 1987 (1987 Act) is fairly broad and includes ‘therapeutic treatment given by direction of a medical practitioner' (section 59 of the 1987 Act).

Broadly speaking if medicinal cannabis is administered, prescribed or directed by a registered medical practitioner, it may be considered medical treatment within the terms of section 59 and compensable under section 60 of the 1987 Act.

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