The Ohio Supreme Court on Wednesday ordered the Industrial Commission of Ohio to reconsider its earlier decision that allowed an employer to stop paying for an injured worker's prescription.
In 2006, Robert Batina suffered an injury while working for T.S. Trim Industries Inc., a self-insured car parts manufacturer in Winchester, Ohio, was prescribed an opioid for pain relief and muscle relaxation as part of his employment compensation. 2016, T.S. Trim ordered a drug analysis by a doctor, who found "insufficient credible evidence to support the need for ongoing drugs when considering Batina's history, medical records and physical examination," according to documents in State Ex. Rel. T.S. Trim Industries, Inc. v Indus. Comm. from Ohio, admitted to Columbus.
Based on that review, T.S. Trim informed Batina that his use of the two drugs would decrease, after which the company would no longer pay for the prescriptions. Batina filed a motion with the State Industrial Commission and a district hearing issued an injunction stating that "medical evidence was not convincing enough" to support Batina's continued use of painkillers, but sufficient to support his continued use of a muscle relaxant.
The Commission denied TS Trim's request for reconsideration of this order that the medicinal product should continue and the company requested the State's Tenth District Court to order the Commission to leave its order and refuse continued reimbursement for both medicinal products.
The Court of Appeal then ordered the Commission to identify the reasons for denying reconsideration. The Commission later appealed against the judgment of the Supreme Court, but ordered the Commission to reconsider Batina's motion to compel her employer to cover her drug costs under state law requiring insurers and employers to refer to the provisions of a drug form, which was introduced. 201