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Bailey v. Texas Instruments4/22/2005
e the 1997 and 1999 controversions do not preclude Bailey from bringing future claims for narcotics and benzodiazepines.
In summary, if the two-year time limit in subsection .110(c) applies in this case and is valid, Geophysical successfully controverted Bailey's 1997 and 1999 claims and Bailey may not seek compensation for the pharmacy bills in those claims or for any other related expenses that he could have included in these earlier claims. But Bailey remains free to claim (and Geophysical remains free to controvert) compensation for subsequent medical care and medications, including prescriptions for narcotics and benzodiazepines. Bailey's 2001 claim did precisely that. Because Bailey requested a hearing on the 2001 claim well within the two-year statute of limitations, his 2001 claim could not be dismissed under subsection .110(c).
C. Applicability and Validity of Subsection .110(c)
So far, our analysis has assumed that subsection .110(c) is valid and applies to medical claims. Bailey raises a number of challenges to subsection .110(c), arguing that it does not apply to medical claims and that it is constitutionally infirm. These challenges require only cursory discussion; for the reasons set out in the margin, we find them to be lacking merit. We thus hold that subsection .110(c) governs Bailey's medical claims and is constitutionally valid as applied to these claims.
IV. CONCLUSION
We AFFIRM the board's dismissal of Bailey's 1997 and 1999 claims. We REVERSE the board's dismissal of his 2001 claim and REMAND for further proceedings on that claim.
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