ALJ ROSENOW (COVINGTON) FINDS VIAGRA PRESCRIPTION MEDICALLY RELATED TO INJURY

From the decision:

Claimant made a prima facie case for compensation for the Viagra and Phenergan prescriptions. Claimant and his wife credibly testified that he did not suffer any sexual dysfunction before the work injury, and Dr. Feldman testified that chronic opiate use leads to the well-known side effect of lowered testosterone. He equivocated some in response to counsel’s questions, but stated that people have erectile dysfunction for many different reasons, and if Claimant had no trouble before the work injury and surgeries, he would consider his need for Viagra now a result of that injury. I therefore find that it is more likely than not that Claimant’s chronic opiate use led to his suffering from sexual dysfunction, and that the prescription for Viagra is a reasonable treatment of the condition. Even though Dr. Feldman could not unequivocally say that Claimant’s sexual dysfunction was a result of the injury, Claimant’s burden is to prove so by a preponderance, which he did.

FULL DECISION BERGHMAN vs. LIBERTY SERVICES