Workers compensation and muscle relaxers

Asked 10 months ago - San Francisco, CA

I have been on various muscle relaxers and opiate medications since my injury two years ago. I have severely dry mouth and my gums are constantly bleeding and painful. If the medication is to blame isn't it workman comp responsibility to take care of my dental injury?

Attorney answers (4)

  1. Marjory Harris

    Contributor Level 14

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    Answered . Yes. This might be a compensable consequence. See http://www.wcwebzine.com/a-z/compensableconsequ...
    But to get this covered, your Primary Treating Physician needs to recommend a dental consultation.

  2. Brett A. Borah

    Contributor Level 20

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    Answered . I agree with the always right, Ms. Harris.

  3. Nancy J Wallace

    Contributor Level 14

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    Answered . Two things have to happen for "workman comp" to take responsibility for gums: (1) The Primary Treating Physician has to CONCLUDE that the meds are the primary cause of the gum ailment (which -- typically but not always -- follows a dentist reporting the to PTP he finds gum disease from chronic medication use), and then (2) Your attorney amends your application to show the MOUTH injury.

    EXPECT the Insurer to deny this. Don't take it personally. Do expect to go get a Qualified Medical Evaluation in dental medicine. IF that QME dentist agrees with your Primary Treater, the insurer will then likely accept responsibility (and provide the bare minimal dental treatment). If that QME dentist says it's not an industrial condition, then you go to trial on your gums.

  4. John M Connell

    Pro

    Contributor Level 19

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    Answered . Workers Compensation in most states is generally responsible for the initial injury and anything that flows from that injury. I would not expect them to agree that this is related and believe you would probably need good medical reports from one or more of your drs saying so to get them to accept it without having to go to a hearing. There are many good Calif attys that are on here so I would suggest that you consider talking to one of them about the case and what medical evidence would be required.

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