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(c) 2020 Jon L Gelman, All Rights Reserved.

Thursday, December 19, 2019

Judicial discretion

Just APPROVED FOR PUBLICATION 12/13/2019 a NJ Appellate case defining expectations and focussing on: judicial discretion, medical treatment and disallowed prescription opioids that do not ”cure and relieve.”

Petitioner applied to the Workers' Compensation Court for reimbursement of continued prescription opioid medication as part of his need for palliative care to treat a lower back injury suffered while he was working for respondent employer.

The compensation judge declined to compel the employer to pay for petitioner's prescription opioid medication in accordance with N.J.S.A. 34:15-15 of the Workers' Compensation Act. The statute requires employers to provide treatment to injured employees when the treatment is "necessary to cure and relieve the worker of the effects of the injury and to restore the functions of the injured member or organ where such restoration is possible . . . ." After six years of treating with the same physician who prescribed his pain medication, petitioner's pain had not been alleviated with either therapy or medication.

The court affirmed the compensation judge, holding petitioner failed to prove continued opioid treatment would cure or relieve his injury and return him to better function. The court found N.J.S.A. 34:15-15 requires proof that opioid medication provides curative relief and that continued use of opioids improves the function of the injured worker.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.


Twitter: jongelman
LinkedIn: JonGelman
Author: "Workers' Compensation Law" West-Thomson-Reuters

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