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Robert G. Rassp

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It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers' compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed are excessive, inadequate or appropriate. It is likewise impossible to determine whether an individual's response to narcotics is reasonable or even an expected consequence to the medication being prescribed. In short, the impact medications have on a given individual is an inherently and extremely subjective matter. As a consequence, including an individual's medication usage in the determination of his residual permanent disability can prove to be a very difficult matter. Given this difficulty, the question becomes whether a permanent disability determination that does not fully consider the impact that the prescription drugs may be having on an individual constitutes substantial evidence. > Read more.

Note: Lexis.com subscribers can link to the cases cited in this article.

Opiates, Up Close and Personal, by Robert G. Rassp, Esq. I lost a friend recently. He had an "accidental" overdose of fentanyl. He was 53 years old. He graduated with honors from Harvard Medical School and became a skilled plastic surgeon with a fellowship in hand surgery. He taught me about hands, elbows and CRPS, and I taught him how to write medical legal reports in workers' compensation cases. He cared about his patients more than any other physician I have ever met. He spent time with them and he restored their functioning, even after a prior physician screwed up. He was only happy while he was in the operating theater. > Read more

Medical Treatment; Home Health Care. WCAB affirmed WCJ's finding that applicant who incurred permanent total disability as a result of 10/24/2000 industrial injuries to her spine, psyche, internal system, and in form of fibromyalgia was not entitled to home care services for period 7/2002 to 6/1/2007 based upon 5/31/2007 report of treating physician indicating need for home care, when WCAB found that defendant could not be held liable for home care for any period prior to date of medical report establishing need for such care because offering a medical opinion retroactively prevented defendant from responding to and/or disputing recommendations for medical treatment before care was self-procured by applicant. See Arana panel decision.

Reminder: Check the subsequent history of a panel decision before citing to it.

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