Susan K. Musta, Petitioner v.Mendota Heights Dental Center, et al. (No. 21-676) & Daniel Bierbach, Petitioner v. Digger’s Polaris, et al

Susan K. Musta, Petitioner v.Mendota Heights Dental Center, et al. (No. 21-676) & Daniel Bierbach, Petitioner v. Digger’s Polaris, et al
CANNANNEW REPORT

Published Prior To SC Decision – 23 February 2022 Two Minnesota workers’ compensation cases have been elevated to the Supreme Court of the United States, that may determine the outcome of controversy over conflicting state and federal law on the use of medical cannabis in workers’ compensation claims. The Minnesota Supreme Court ruled late last year that both workers comp claims were invalid because of marijuana’s Schedule I status under the federal Controlled Substances Act. In the first case, Susan Musta filed a petition with the U.S. Supreme Court in November after her state’s highest court determined that the CSA did, indeed, mean her employer did not need to provide reimbursement for medical cannabis after she was injured at her place of work, a dental center. Her case before SCOTUS is Susan K. Musta, Petitioner v.Mendota Heights Dental Center, et al. (No. 21-676). And the Minnesota Supreme Court made the same judgment in another case where Daniel Bierbach was injured at his job working for an all-terrain vehicle company and sought compensation for medical marijuana. His case is Daniel Bierbach, Petitioner v. Digger’s Polaris, et al. (No. 21-998). The issue presented in both cases is whether the Controlled Substances Act preempts an order under a state workers’ compensation law requiring an employer to reimburse an injured employee for the cost of medical marijuana used to treat a work-related injury. Filings in both cases were distributed on February 2 for a Supreme Court conference that was scheduled on February 18. The justices are now seeking input on the issue from the Biden administration, as the February 22, 2022 entry on the both dockets reads “The Solicitor General is invited to file a brief in this case expressing the views of the United States.” Congress recently has prohibited the U. S. Department of Justice from impeding state medical…

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Source : Susan K. Musta, Petitioner v.Mendota Heights Dental Center, et al. (No. 21-676) & Daniel Bierbach, Petitioner v. Digger’s Polaris, et al

reposted by Cannabis News World

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