Frequently injured workers require medical care for conditions which are not directly work related. Workers' compensation insurance companies, which are liable for reasonable work related medical care, invariably resist payment for "other" care. However, when that "other" care is deemed necessary by the treating physician to help remedy the condition created by the work injury, the compensation commissioner as well as the courts have found the "other" care to be reasonable, and therefore compensable. For instance, obese injured workers with injury to their back or legs, have been found to be entitled to gastric bypass procedures to aide in the recovery of their injured back or leg. Another claimant was found to be entitled to care for a pre-existing anterior cruciate ligament tear in order to preserve his knee after suffering a work related meniscus tear.
The employer is obliged to provide that medical care, even though it may involve performance of procedures which do not directly fall within a narrowly viewed concept of repairing damage specifically caused by the injury.
Monday, February 9, 2009
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