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Court affirms decision to discontinue OxyContin use for injured worker

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Court affirms decision to discontinue OxyContin use for injured worker

The Supreme Court of Appeals of West Virginia unanimously affirmed a decision discontinuing the use of OxyContin by an injured worker.

The issue in the case was whether Philip J. Grinnan was entitled to the requested continued use of the medication OxyContin, according to the decision in Grinnan v. West Virginia Office of Insurance Commissioner, published Wednesday. The claims administrator denied the authorization for OxyContin on June 6, 2016 – a decision affirmed by the Workers Compensation Office of Judges on April 5, 2017.

Mr. Grinnan, a carpenter, sustained a back injury on Aug. 5, 1992, after falling from a roof while carrying shingles and was diagnosed with an acute left side strain. Although the injury occurred more than 20 years ago, Mr. Grinnan continues to complain of pain because of various procedures to treat his compensable condition, according to court documents.

On May 20, 2016, Mr. Grinnan's physician requested authorization for the continued use of OxyContin to address Mr. Grinnan's ongoing symptoms. But this request was denied by the claims administrator, relying on the opinion of another doctor who examined Mr. Grinnan's recent MRI studies and determined that the pain was due to degenerative changes and not the result of his compensable condition.

“The evidence of record does not support that OxyContin is reasonable, necessary and related to the compensable injury,” the appeals court said in affirming the denial.

 

 

 

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