Can The Work Comp Insurer Cut Off My Pain Meds?

Recently the Minnesota Department of Labor and Industry erected hurdle for injured workers using pain medications following a Minnesota workers compensation injury.  The purpose of the change is allegedly two fold; first to reduce costs for insurers and second to stem pain medication abuse.  Having undergone three spine surgeries myself, I know first hand the benefits of narcotic medications.   Recovery from surgical procedures can be brutal.  However, I think that insurance companies have led the way in pushing for these changes for one reason.  Can you guess? Correct, it’s to save money.

Can insurance companies therefore stop paying for your pain meds?  The quick answer is maybe.  But with sound legal advice you can successfully fight them.  As with all medical treatment and benefits, it’s critical that your doctors not only document why they are prescribing a particular medication but also follow the newly enacted guidelines.  The new guidelines require your doctor to do the following:

• Affirm that you can’t maintain functions of daily living without the medication, don’t have “somatic symptoms disorder“, don’t have a history of failure to comply with treatment, and no history of substance abuse.
• Ensure all other forms of pain management options have been exhausted.
• Identify whether there are factors that could complicate your use of narcotic medications; pregnancy, suicide risk, history of substance abuse, heart issues, etc.
• Complete a “scientific assessment” to determine your risk of abuse.
• Explain potential complications of using long term pain pills.
• Finally you must enter into a written contract with your physician which includes the possibility of random drug testing.

At Atkinson Law Office we have created an easy form for your physician to complete.  This ensures that there is no interruption in medications.  Usually once your doctor completes this form, our attorneys can work with your insurance company to continue your medications.  They may have you see an “independent medical examination” by an adverse doctor.  If you receive notice of the same CALL AN ATTORNEY IMMEDIATELY.  This means they will be cutting off your meds very soon. The lawyers of Atkinson Law Office have successfully litigated numerous cases and successfully helped clients have a quality life despite significant injury.  If you would like to discuss this or any other workers compensation questions with a Minnesota workers compensation expert, call today at 651-333-3636.  Our phone are answered 24/7.  We represent clients across the entire state of Minnesota.