Disabled Worker Wins Discrimination Claim After He Was Denied Coverage For Medical Marijuana

In a decision issued on January 30, 2017, a Board of Inquiry of the Nova Scotia Human Rights Commission concluded that a union insurance fund had discriminated against a disabled claimant when it denied his claim for medical marijuana.

Background Facts

Gordon "Wayne" Skinner was injured in a motor vehicle collision while working as an elevator mechanic. He was unable to return to work. The physical and mental injuries he suffered were treated with conventional drugs for several years, but this ultimately was not effective and caused unpleasant side effects. For the following two years, Mr. Skinner lawfully obtained a prescription for medical marijuana and received coverage under his employer's motor vehicle insurance. When he reached the maximum under such insurance plan, he sought coverage under the insurance plan provided to unionized employees in the elevator sector (the "Welfare Plan").