McConnaughhay, Coonrod Partner Laura Buck was successful in defending against unreasonable medical treatment.

McConnaughhay, Coonrod Partner Laura Buck was successful in defending against unreasonable medical treatment.

This case involved a Claimant who sustained multiple injuries following 40-foot fall.  In the course of treatment with his ophthalmologist for an occipital lobe concussion and spots in his vision, the doctor ordered hyperbaric oxygen therapy (exposure to pure oxygen while in a casket-like tank) and chelation therapy (procedure that removes heavy metals from the body).  The E/C denied the referrals on the basis the treatment was not reasonable or medically necessary, pursuant to 440.13(1)(k), as the treatment was experimental, investigating and research in nature, not widely accepted among practicing providers, and not based on scientific criteria.  The only testimony in the case came from the treating ophthalmologist, who testified that he felt the treatment would be useful in providing further recovery to the Claimant, but his testimony also noted the treatment was experimental in nature, not widely accepted among practitioners, and there was no scientific evidence to support its use for treatment of the occipital lobe concussion.  The Judge accepted the unrefuted testimony of the treating ophthalmologist, and found the Claimant failed to meet the burden of proof, as the testimony did not meet the standards of 440.13(1)(k).  The referrals for hyperbaric oxygen therapy and chelation therapy were denied.