A labor appeals board was wrong to determine that workers’ compensation insurance can’t reimburse an employee for the cost of medical marijuana, according to a New Hampshire Supreme Court decision released Thursday. But the court left unresolved whether an insurance company can be prosecuted for it under federal law.

The court ruled in favor of reimbursement for Andrew Panaggio, 59, who hurt his back at work and was approved by the state Health Department to participate in the therapeutic cannabis program in 2016. He used the medical marijuana to treat the ongoing pain and sought reimbursement through workers’ compensation, but his insurance carrier denied it on the grounds it wasn’t necessary.

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