An environmental inspector who was injured in a car accident in 2002 and continues to suffer from pain and other problems will no longer receive a number of medications, including two opioids, after medical testimony raised concerns about abuse and the pills did not result in their improvement. a court of appeal in West Virginia on Friday.
The Judges Office in 2019 confirmed a claim administrator's refusal of a request for two opioids, a nerve patch and a muscle relaxant for Richard Kennedy, and found that “the drug request was not filed and that the record does not contain any other medical evidence from a treating physician indicating that the drugs are reasonable and necessary for the compensable damage, ”according to documents in Richard Kennedy v West Virginia Office of Insurance Commissioner and WV Division of Environmental Protection filed in the Supreme Court of Appeals of West Virginia in Charleston.
The judge's office found that the only doctors registered to deal with the request both believed that Kennedy should be weaned from the opioids Hydromorphone and Oxymorphone, and ruled that the prescriptions "far exceeded the treatment guidelines and there was no evidence that the requesting doctor met in the documentation required for treatment beyond the guidelines. ”
Furthermore, the judge's office found that Mr. Kennedy did not show that his condition significantly improved during the ten years he was treated with opioid drugs., required by state regulation, and that a" withdrawal
In the case of Lidoderm patches and muscle relaxants Tizanidine, the Medical Officer's Office convinced with a medical opinion that "neither medication was reasonably necessary or necessary to treat the compensable injury."
Review Board confirmed, as the Review Board confirmed. made the Board of Appeal and writes that a “consideration of the evidence does not show that d The medicines requested are medically necessary or reasonably related for the treatment of the compensable injury. "