Jenifer Kaufman is considered by her peers to be the leading legal authority on medical marijuana and workers compensation in Pennsylvania. She is the only workers compensation attorney who is also a member of both the Pennsylvania Bar Association and Philadelphia Bar Association committees on hemp and medical marijuana.
Due to Jenifer’s court victories, injured workers in Pennsylvania who use medical marijuana to treat their work-related injuries are now eligible to be reimbursed for their out-of-pocket costs. This is due to the landmark Commonwealth Court decision in T.L. Fegley Executrix of the Estate of P. Sheetz v Firestone Tire & Rubber (WCAB), No. 680 C.D. 2021 (March 17, 2023).
Jenifer litigated and argued this case en banc before the PA Commonwealth Court. The decision is attached here. With this decision, Pennsylvania workers have joined the ranks of workers in New Mexico, New Jersey, New Hampshire, Connecticut and New York in being able to choose to use medical marijuana to treat their injuries and have associated costs reimbursed by the workers’ comp insurance carrier.
Since Medical Marijuana was legalized in Pennsylvania in 2016, Jenifer has worked tirelessly to get workers compensation carriers to pay for this treatment. She believes medical marijuana should be recognized as a legitimate treatment option for severe pain and also an alternative to dangerous and costly opioids. With Jenifer’s victory in the Fegley case, reimbursement is required if medical marijuana is found to be a “reasonable and necessary” treatment.
Prior to the Fegley decision, Jenifer was also able to get insurance carriers to voluntarily reimburse the cost of medical marijuana in two other cases. In one, the carrier agreed to settle the case for the anticipated lifetime cost of the medical marijuana the worker was using to treat a failed surgery. In another case settled in 2021, Jenifer became the first workers’ compensation attorney to win a case where the Judge actually directed the carrier to reimburse an injured worker for the cost of treatment with medical marijuana. That case was appealed and ultimately settled for the value of prior receipts and future anticipated expenses.
If you are using medical marijuana to treat your work injury, please contact Jenifer to schedule a free, no obligation consultation to discuss your personal situation and potential reimbursement. There are specific rules for successfully obtaining reimbursement, so it is important to consult with an attorney prior to requesting reimbursement. Jenifer offers free consultations. (link to contact form) (this should also appear on the side of the landing page for medical marijuana)
Lectures and Presentations
Since 2018, Jenifer has lectured extensively on the interplay between Pennsylvania's workers’ compensation and medical marijuana laws. She enjoys speaking on this topic and welcomes opportunities to further educate the public about this emerging area of Pennsylvania workers compensation law. A list of prior speaking engagements is below. She also has a “Comp and Cannabis” blog and newsletter which you can access here.
Podcasts/Radio Broadcasts About Medical Marijuana and Workers’ Compensation
April 2023: Workers’ Comp Matters Podcast (airdate pending) with Jud Pierce and Alan Pierce, Esq
March 21, 2023: WWDB Who’s Who in Philly Labor Radio Talk Show (with Joe Dougherty, AFL-CIO, Dr. Bruce Grossinger and Dr. Paul Rubin) (Listen here) https://wwdbam.com/episodes/the-whos-who-in-philly-labor-03-21-23/
March 3, 2022: WWDB Who’s Who in Philly Labor (with Joe Dougherty, AFL-CIO and Dr. David Qu (Listen here:) https://wwdbam.com/episodes/art-of-pain-management-with-dr-qu-03-03-22/
June 29, 2021: WWDB Who’s Who In Philly Labor Radio Talk Show: (with Joseph Dougherty, AFL-CIO) (Listen here) https://wwdbam.com/episodes/whos-who-in-philly-labor-06-29-21/
February 24, 2020,: WWDB Pain & Wellness Hour: Medical Marijuana and Workers Compensation (with Hal Banks, Esq & Joseph Dougherty, AFL-CIO)
Live and Web Presentations on Medical Marijuana and Workers’ Compensation
April 14, 2023: Medical Marijuana Reimbursement in Workers Comp’ at WILG’s (Workers Injury & Law Advocacy Group), Spring Conference for Southeastern United States, Washington DC
June 6-7, 2022: 20th Annual Pennsylvania Bureau of Workers' Compensation Conference, Hershey PA
October 24, 2021: Pennsylvania Bar Institute: Speaker at 2021 Medical Marijuana and Hemp Law Symposium, Philadelphia, PA
August 19, 2021: Workers’ Compensation Section of Philadelphia Bar Association: Compliance Crusher: Medical Marijuana, When the Smoke Clears (with Kyle Colin, Esquire)
August 12, 2021: Mechanical & Service Contractors of America, Blue Bell, PA. Discussion on Medical Marijuana Issues for Construction Employers and Safety Officers
August 12, 2021: Jenkins Law Library, Philadelphia, PA: Class on Workers’ Compensation and Medical Marijuana
May 6, 2021: National Women in Construction, Philadelphia, PA: Lunch & Learn: Medical Marijuana Discussion
October 8, 2020: Pennsylvania Bar Institute: Speaker at 2020 Medical Marijuana and Hemp Law Symposium, Philadelphia, PA
December 12, 2019: Northeast PA Trial Lawyers Association, Scranton, PA: Personal Injury Potpourri: Medical Marijuana and Workers Compensation: Will Comp Pay
October 29, 2019: Pennsylvania Self-Insurers Association Legislative Meeting, Harrisburg, PA: Handling Medical Marijuana and Workers' Comp Claims with Ted Carpenter. Esq.
May 9, 2019: Montgomery Bar Association, Norristown, PA: Medical Marijuana and Workers' Compensation: A Hike in the Weeds of Comp
February 22, 2019: Philadelphia Bar Association, Workers' Compensation Section: Medical Marijuana and Workers' Comp: Sticky Situations
December 20, 2018: Philadelphia Bar Association: Hemp and Medical Marijuana Subcommittee, Business Law Section: The Blunt Impact: Effects of Medical Marijuana on Workers' Comp and Employment Claims (with Joshua Horn, Esq, and Justin Moriconi, Esq)
December 11, 2018: Bucks County Bar Association: Medical Marijuana and Workers' Comp, Doylestown, PA. I also filmed a separate on-demand CLE for the Bucks County Bar Association which is available online.
October 4, 2018: 2018 PA Workers' Compensation Section Annual Meeting, Hershey PA: (with Jean Novak, Esquire)
June 8, 2018: 17th Annual Pennsylvania Bureau of Workers' Compensation Conference, Harrisburg, PA: Workers' Compensation: Medical Marijuana and Workers' Compensation: Legal/HR (Panelist)
Publications on Medical Marijuana Reimbursement
Fall 2023: The Writs Magazine, American Bar Association: “Medical Marijuana Reimbursement in Workers’ Compensation Claims”
September 2023: The Verdict Magazine, Pennsylvania Trial Lawyers Association: “All On Board With Medical Marijuana?”
May 1, 2018: The Legal Intelligencer, Cannabis Law Supplement, “Medical Marijuana and Workers’ Compensation: Burning Questions Need Answers”