 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bogue v. Sdi Corp.5/16/1996
In this workers' compensation case, the issue is whether claimant, Edward Bogue, is entitled to an award of a wheelchair-accessible van as a compensable medical benefit. We affirm the Panel's order which determined that the evidence, findings of fact, and applicable legal authority do not support such a Conclusion.
The facts are essentially undisputed. As a result of a work accident, claimant was rendered an incomplete quadriplegic. Employer admitted liability for permanent total disability.
At the time of the hearing, claimant testified that he lived at a nursing home facility which provided him with his basic necessities, including meals. He admitted that his employer, SDI Corporation, and its insurer, Colorado Compensation Insurance Authority (collectively CCIA), provided him with transportation to all of his medically-related appointments.
However, he testified that, because he maintained gross motor movement in his upper extremities, he desired to regain that level of independence he enjoyed before his accident. He testified that he wanted to look for, buy, and maintain a house, possibly seek retraining for a new job at the community college, possibly seek new employment, and have the ability to run errands and visit with family or friends on his own schedule.
He further testified that the only impediment to obtaining this level of independence was a lack of transportation. As an example, he explained that, when looking for homes, he had to rely mainly on his mother, who had to drive him and help him transfer between his wheelchair and her car. He stated that he was at risk of injury if a mistake occurred during this transfer process. He also explained that it was difficult for him to utilize public transportation because he physically was susceptible to extreme weather conditions. Thus, he reasoned, he needed a wheelchair-accessible van that would allow him to travel independently and redevelop an independent lifestyle.
In support of his request that CCIA purchase such a van for him, claimant submitted two letters from his doctor, which stated that it was "important" for claimant to be able to function independently and that a wheelchair-accessible van was a necessity in order for him to be able to do so.
The CCIA representative testified that claimant had access to several van services for conducting personal business. He further testified that CCIA took claimant to all medically-related appointments and planned to continue doing so.
The Administrative Law Judge (ALJ) determined that claimant did not require a wheelchair-accessible van to obtain medical treatment, but found that claimant did require such a van to cure and relieve him from the effects of his injury . Specifically, she found that one aspect of relieving the claimant from the effects of his injury was to help him obtain and maintain an independent, active, and productive lifestyle, and to obtain employment. She also found that a van would minimize risks of exposure to extreme temperatures while using public transportation, or of injury during transfers between claimant's wheelchair and a regular car.
Thus, she concluded that a wheelchair-accessible van was a medical necessity and CCIA was liable to pay for such a van and its modifications as a compensable medical "apparatus" or benefit pursuant to ยง 8-42-101(1)(a), C.R.S. (1995 Cum. Supp.).
On review, the Panel set aside the ALJ's order, concluding that it was not supported either by the facts or the law. This review proceeding followed.
Contrary to claimant's arguments, we find no error in the Panel's Conclusion that, under the facts at i
Page 1 2 3 4 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|