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Workers' Compensation

Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors

I am thinking that some of y'all do not read my blog.   If you did, you would have read my post of 10/10/11, "A Penny saved is a penny earned: Does claimant have the right to refuse ExpressScripts?"  You could have printed a copy of the ruling in that case and perhaps today's post would then be non-existent.  But for those of you who did not get it the first time, once more, again, with feeling......

Kevin Capel v. Johnson Controls, IAB#1268060 (3/2/12)(ORDER) presented, among other issues, the question of whether the carrier is compelled to pay a pharmacy bill from Injured Workers' Pharmacy (IWP) where the carrier has offered those meds through Preferred Medical (PM).  The answer is "no" and those of you who are avid readers of the Detour & Frolic would have had the upper hand at this Legal hearing had you been involved.

There is a reference to the statute, 19 Del. Code Section 2322(a) for the proposition that the injured worker is only authorized to procure meds on his own if the employer has refused to furnish such.  In this case the claimant was supplied a prescription card for PM. But apparently did not use it. And while our medical treatment statute allows the claimant providers of his own choosing, that relates to doctor, dentist, surgeon, etc....but not "pharmacy". 19 Del. Code Section 2323. I am thinking maybe IWP offered a free Kindle when you signed doesn't get much better than that. (Did I mention I love my Kindle?)

I suggest you check out the decision for yourself.  Share it with esteemed colleagues.  Because friends don't let friends go to the Board on Motion Day on issues that are old news.... Just sayin'...:>) 

Irreverently yours,
Cassandra Roberts

Delaware Detour & Frolic   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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