 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jarvis v. Rexburg Nursing Center12/26/2001
r personal liability for the inpatient treatment. It only required her to actually take whatever steps she could to enroll in that treatment. If the treatment provider will not provide its services upon the credit of the employer, or if, in that case, the employer does not pay for the treatment, then Jarvis could request an extension. We will not presume that the Commission will deny a requested extension under circumstances where Jarvis was unable to obtain the inpatient treatment because of the employer's refusal to pay. Jarvis has not shown that the Commission abused its discretion in imposing this requirement.
Jarvis also argues that the Commission erred in conditioning her future medical benefits upon her remaining free of pain medications. Relying upon Sprague v. Caldwell Transportation, Inc., 116 Idaho 720, 779 P.2d 395 (1989), Jarvis argues that the necessity of her receiving pain medications in the future is a decision left exclusively to her treating physicians. If her physician prescribes the narcotics, she should be permitted to take them.
Idaho Code § 72-432(1) provides, "The employer shall provide for an injured employee such reasonable . . . medicines . . . as may be reasonably required by the employee's physician . . . immediately after an injury . . ., and for a reasonable time thereafter." In Sprague this Court held that the statute requires the employer to pay the costs of reasonable medical treatment required by the claimant's physician where three circumstances are present: (1) the claimant made gradual improvement from the treatment received; (2) the treatment was required by the claimant's physician; and (3) the treatment received was within the physician's standard of practice and the charges for the treatment were fair, reasonable, and similar to charges in the same profession. Hipwell v. Challenger Pallet and Supply, 124 Idaho 294, 859 P.2d 330 (1993).
In this case, Jarvis abused narcotic medications for years. Her medical records were replete with recommendations that she terminate her narcotic drug use and that she not use narcotic medications in the future. When her treating physicians became concerned about her narcotic abuse and indicated an intention to discontinue prescribing the drug, she would leave and begin treatment with another physician. There was ample medical evidence showing that her continued use of narcotic pain medications was detrimental to her recovery.
The Commission found that it would not be reasonable for her to continue taking these narcotic medications. Considering her history of substance abuse, that finding is certainly supported by the evidence. There is no evidence that her continued use of the prescription painkillers would cause her condition to improve. Rather, the evidence was to the contrary. Under the circumstances in this case, the Commission did not err in requiring that Jarvis discontinue using prescription pain medications.
C. Did the Industrial Commission err in failing to award total temporary disability benefits to the Claimant for the period from April 1990 until October 12, 2000?
The Commission found that Jarvis was medically stable as of March 13, 1995, and it awarded her total temporary disability benefits to that date. Jarvis argues that she should have been awarded total temporary disability benefits to October 12, 2000, the date of the Commission's order approving and adopting the referee's proposed findings of fact and conclusions of law. She does not contest the Commission's finding of medical stability.
Total temporary benefits are only awarded during the period of recovery. IDAHO CODE § 72-408 (1999). Once a claimant is medically stable, he is no
Page 1 2 3 4 5 6 7 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|