Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB)

Supreme Court of Pennsylvania

Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB)

DecidedApril 30, 2024

Docket658 MAL 2023 (Granted)

StatusPublished

This text of Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB) (Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB)) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB), (Pa. 2024).

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Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

MARK R. SCHMIDT : No. 658 MAL 2023 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court SCHMIDT, KIRIFIDES AND RASSIAS, PC : (WORKERS' COMPENSATION APPEAL : BOARD) : : PETITION OF: SCHMIDT, KIRIFIDES AND : RASSIAS, PC : :

ORDER

PER CURIAM

AND NOW, this 30th day of April, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, rephrased for clarity, are:

(1) Do the terms “medical services” and “medicines and supplies” as used in Section 306(f.1), 77 P.S. § 531, of the Workers’ Compensation Act, include cannabinoid oil (CBD oil), specifically, as well as dietary supplements, generally, and products that may be purchased without a prescription from a healthcare provider? (2) Do the cost containment regulations of the Workers’ Compensation Act apply to CBD oil? (3) Does Section 306(f.1) of the Workers’ Compensation Act, 77 P.S. § 531, require employers/insurers to reimburse claimants, directly, for out-of- pocket expenses for “medical services” and “medicines and supplies,” and if so, are claimants obligated to submit supporting documentation, such as medical records or prescriptions, or specified forms, such as HCFA forms, before they may receive such reimbursement?

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

MARK R. SCHMIDT : No. 658 MAL 2023 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court SCHMIDT, KIRIFIDES AND RASSIAS, PC : (WORKERS' COMPENSATION APPEAL : BOARD) : : PETITION OF: SCHMIDT, KIRIFIDES AND : RASSIAS, PC : :

ORDER

PER CURIAM

AND NOW, this 30th day of April, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, rephrased for clarity, are:

(1) Do the terms “medical services” and “medicines and supplies” as used in Section 306(f.1), 77 P.S. § 531, of the Workers’ Compensation Act, include cannabinoid oil (CBD oil), specifically, as well as dietary supplements, generally, and products that may be purchased without a prescription from a healthcare provider? (2) Do the cost containment regulations of the Workers’ Compensation Act apply to CBD oil? (3) Does Section 306(f.1) of the Workers’ Compensation Act, 77 P.S. § 531, require employers/insurers to reimburse claimants, directly, for out-of- pocket expenses for “medical services” and “medicines and supplies,” and if so, are claimants obligated to submit supporting documentation, such as medical records or prescriptions, or specified forms, such as HCFA forms, before they may receive such reimbursement?

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Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB), Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-m-v-schmidt-kirifides-rassias-wcab-pa-2024.