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Viagra and workers compensation

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A Louisiana appeals court recently upheld a $2,000 penalty against Interstate Brands Corp. for failing to authorize payment of Viagra prescribed to treat erectile dysfunction allegedly related to a work injury.

That case is available here and addresses a number of other issues tied to a 1996 back injury.

Comp Time would like to hear from readers how often erectile dysfunction arises from a comp claim.

A Google search of Viagra and workers compensation revealed an Alabama Department of Industrial Relations rule stating Viagra will be covered when “impotence is defined as that which may be reasonably expected to occur following certain traumatic injuries or surgical procedures.”

Psychological or psychiatric reasons may not trigger comp payments for Viagra in Alabama.

Surely other states have dealt with Viagra in the comp world.

On another topic, news reports say business groups in Maryland are concerned about a Gov. Martin O'Malley plan to help balance the state's budget by drawing $20 million from the Injured Workers Insurance Fund reserves.

It's another recent example of states wanting to take work comp funds to help fix their budget problems.

As I report today in a Business Insurance story available here, the recession is driving more states to try and offset their budget woes with comp fund end runs.

But insurers and self insured employers are fighting back with lawsuits.