The Kentucky Supreme Court ruled that injured workers have the right to choose pharmacy providers, in contrast to the recent Burgess case here in Louisiana. In the Kentucky case, Injured Workers’ Pharmacy (IWP), a mail order pharmacy, was also involved. As WorkCompCentral reports, a Kentucky insurer initiated fee disputes in five of its comp claims in which the injured worker used IWP. In all of those cases, the workers had reported difficulty obtaining their medication. Conflicting published opinions/documents in Kentucky from the attorney general and the Workers’ Compensation Board were at issue, with one stating that pharmacies are not medical providers (which workers have a right to choose there) and one declaring that they are. A definition for “medical provider” is not delineated in the Kentucky statute and on review, the court ruled that medicines are part of a medical services. The Burgess case here differed because the definition of “physician” was at issue.
Read more via WorkCompCentral (subscription required) here.
Download the case here: Kentucky Supreme Court_KESA v IWP_8.24.17
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