Widow Battles Insurance Company After Benefits Cut In Half Due To Pot Claims
GEORGETOWN, Colo. (CBS4)- A widow is battling her late husband's insurance company after they cut his workers compensation payouts in half.
Adam Lee, 40, was killed three days after Christmas last year while working on one of three "magic carpet ride" lifts at Loveland Ski Area's valley.
"I go to work one day and he goes to work one day... all of a sudden he doesn't come home," said Erika.
His widow Erika was left to raise three children on her own. She was expecting $1,600 a month from Pinnacol Insurance but the company is only giving her $800 a month because Lee had marijuana in his system when he died.
The coroner's report does not pinpoint when Lee last used marijuana, and Erika doesn't believe he was ever high on the job.
"Eight hundred dollars will be close to covering maybe gas and food, maybe not even that," said Erika. "But to me raising three kids on a teacher's salary... it's everything."
Even though marijuana is legal in Colorado, it is still a controlled substance that insurance companies can take into consideration under Colorado statute. That statute was in effect long before marijuana was legalized for recreational use.
Marijuana can be found in the body 45-90 days after use.
Pinnacol released this statement, "We understand the disappointment when survivors aren't granted full benefits."
The company went on to cite Colorado's statute about cutting benefits "when alcohol or controlled substances are found in the blood stream."
Next month Erika will take her case against Pinnacol Insurance to court, hoping to get the rest of his benefits.