The Supreme Court’s examination of the case—captioned Schmidt v. Schmidt, Kirifides and Rassias—addressed a matter that went far beyond whether an injured worker can seek compensation for CBD products. The justices’ analysis hinged on a question of what constitutes “medicines and supplies” subject to employer compensation under the Workers’ Compensation Act.
Schmidt had contended that the term “medicines and supplies” is not restricted to prescription drugs. Rather, he argued, it also encompasses other forms of treatment such as his CBD oil, which his doctor had prescribed him.
Schmidt Kirifides countered that CBD could not be considered a “medicine” or “supply” because it had not been approved by the Food and Drug Administration.
But the justices ruled that the Workers’ Compensation Act does not require items to be regulated by the FDA to be considered “medicines and supplies.” The court held that the the term should be understood to comprise a broad range of treatments.
“We conclude that any item that is part of a health care provider’s treatment plan for a work-related injury falls within the purview of the broad-encompassing phrase ‘medicines and supplies,’” Justice Kevin Brobson wrote in the Thursday opinion.
