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Vega v. Iowa Beef Processors7/22/2005
in Pavel are distinguishable. We agree with the review panel.
In Pavel v. Hughes Brothers, Inc., supra, the employee underwent surgery for a compensable back injury , but nevertheless continued to be disabled despite the surgically satisfactory procedure. While the question of another surgical operation was pending, the employee incurred additional medical expenses which the employer refused to pay. We held that the expenses were compensable because it was clear from the record that the expenses were incurred in an effort to eliminate as well as to determine the cause of the employee's continued disability. In the present case, there is no medical evidence causally relating Vega's gastrointestinal problems to his compensable knee injury. To the contrary, the record reflects that Vega's physicians were of the opinion Vega's gastrointestinal problems were related to his diet and obesity and that it was Vega who attributed his gastrointestinal problems to the medication prescribed for his knee injury. Absent any medical evidence that Vega's gastrointestinal problems were causally related to a compensable injury, we agree with the review panel that the single judge erred in awarding payment for medical expenses incurred to determine the cause of the problems. We therefore affirm the review panel's decision on this issue.
CONCLUSION
For the reasons discussed above, we affirm the decision of the review panel.
Affirmed.
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