An environmental inspector who was injured in a car accident in 2002 and continues to experience pain and other problems will no longer receive a number of drugs, including two opioids, after a medical certificate raised concerns about his addiction and the pills failed to cure him led. , an appeals court in West Virginia ruled on Friday.
The Office of Judges confirmed in 2019 that a claims trustee had denied a request for two opioids, a nerve pain patch, and a muscle relaxant for Richard Kennedy, stating that “the drug application was not filed and that the file contains no other medical evidence from” a attending physician who states the medication is appropriate and necessary for the indemnifiable injury, “states Richard Kennedy v. West Virginia Office of Insurance Commissioner and WV Division of Environmental Protection, filed with the Supreme Court of Appeals of West Virginia in Charleston.
The Office of Judges found that the only doctors who complied were both of the opinion that Mr. Kennedy should be weaned from the opioids hydromorphone and oxymorphone and ruled that the prescriptions “far exceeded treatment guidelines and it.” gave no indication of the requesting doctor ”. has completed the documentation required for treatment beyond the guidelines. “
In addition, the Office of Judges found that Mr. Kennedy has not shown that his condition has improved significantly in the 10 years that he has been treated with opioid medication under state regulations and that a “weaning plan” has already been completed had been .
Regarding Lidoderm patches and the muscle relaxant tizanidine, the judges’ office agreed with the medical opinion that “neither medication was reasonably necessary nor necessary treatment for the indemnifiable injury”.
The Board of Review, as did the Court of Appeals, upheld, writing that “a preponderance of evidence does not show that the drugs requested are medically necessary or sensible treatment of the indemnifiable injury.”