Driver wins payment for medication for sexual dysfunction

In Florida, a worker may be entitled to benefits for erectile dysfunction when the worker's depression stemming from his work-related accident and the medications to treat his depression are the major contributing cause.

Case name: Labrada v. Silvarrey & Colon Cargo, 19 FLWCLB 109 (Fla. JCC, Miami 2012).

Ruling: A Florida judge of compensation claims ordered the employer to pay for a driver's Viagra prescription because it was reasonable and medically necessary to treat his work-related erectile dysfunction.

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Claim timely filed within 2 years of fatal heart attack (11/01/12)
Late payments, denial of treatment entitle worker to attorney's fees (09/30/11)

What it means: In Florida, a worker may be entitled to benefits for erectile dysfunction when the worker's depression stemming from his work-related accident and the medications to treat his depression were the major contributing cause of the sexual dysfunction.

Summary: A fuel truck driver at an airport drove into the wing of an airplane. He suffered damage to his trachea. After surgery, he had stiffness, weakness, and nerve damage to his neck. Also, he could not properly swallow and developed depression. He was provided with medication for depression and to limit the production of saliva to mitigate his swallowing difficulties. These medications also caused sexual dysfunction for the driver. He said that his sexual difficulties were in part the cause of his divorce from his first wife. After he remarried, he was concerned that his ongoing sexual difficulties would affect his second marriage. He sought authorization and payment for his Viagra prescription. The employer argued that the prescription of Viagra was a quality of life issue not related to the accident. The JCC disagreed with the employer and granted the petition.

The driver's doctor opined that the medication the driver was receiving to treat his compensable depression, as well as the depression itself, was the direct and proximate cause of his erectile dysfunction. The doctor further testified that the causes for the dysfunction were both physical and emotional in nature. The doctor also said that the Viagra prescription was reasonable and medically necessary to treat the erectile dysfunction. The driver explained that his sexual dysfunction led to the divorce from his first wife and was a source of emotional concern in his second marriage. The JCC found that the prescription of Viagra was medically necessary.

Read more at the WorkersComp Forum homepage.

September 24, 2012

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