Court of Appeal

Judge:

The Honourable Justice David P.S. Farrar

Appeal Heard:

November 27, 2017, in Halifax, Nova Scotia

Subject:

Workers’ Compensation Law. Interpretation of Workers’ Compensation Act, S.N.S. 1994-95, c. 10. Whether Board Policy is inconsistent with the Act. Medical Marijuana as Medical Aid.

Summary:

Mr. Skinner suffered a work-related accident.  He was authorized to use medical marijuana for medical purposes and requested approval from the Workers’ Compensation Board for medical aid in the form of medical marijuana.  His request was denied by the Board relying on Board Policy 2.3.1R which required medical aid to be consistent with standards of health care practices in Canada.  The Board found that the provision of medical marijuana was not.  Mr. Skinner appealed to WCAT.  WCAT dismissed the appeal also relying on Policy 2.3.1R.

Mr. Skinner sought leave to appeal and was granted leave to appeal to this Court.

Issues:

(1)         Is Policy 2.3.1R inconsistent with the Workers’ Compensation Act?

(2)         Did Policy 2.3.1R unlawfully fetter the discretion of the Board in considering the merits of the worker’s claim to medical aid for medical marijuana?

Result:

Policy 2.3.1R is not inconsistent with the Act.  It is, in context and objective, consistent with the WCB statutory authority.

Further, as it was found that the Policy was consistent with the Act, it did not unlawfully fetter the WCB’s discretion.