Schultz v. Minnesota Mark IV Homes, Inc.
Schultz v. Minnesota Mark IV Homes, Inc.
Opinion of the Court
Employer and insurer seek review of a decision of the Workers’ Compensation Court of Appeals awarding employee compensation for a 15-percent permanent partial disability of the back and for temporary total disability from September 11, 1974, to the date of the compensation hearing on July 9,1977, and continuing. They contend that as a matter of law temporary total disability benefits should be terminated as of September 1975. We cannot agree.
Relators’ contention is based on the premise that the evidence conclusively established that in September 1975 employee was unemployable because of his excessive use of Valium, a drug first prescribed for him in the course of treatment at the Mayo Clinic in October 1974. Employee admitted using more than the prescribed amounts at times when, he said, his pain required it.
Respondent is allowed $350 attorneys fees on this appeal.
Affirmed.
. In October 1974 employee’s prescription was for 5 mg. to be taken 4 times a day. In February 1975 the dosage was increased to 10 mg. to be taken 4 times a day. He said that the directions on the bottle said 4 or 5 times a day and he sometimes took 6 pills in a day.
Reference
- Full Case Name
- Fred W. SCHULTZ v. MINNESOTA MARK IV HOMES, INC., Relators, and Veterans Administration Center of Sioux Falls, South Dakota, Intervenor, Blue Cross and Blue Shield of Minnesota, Intervenor
- Status
- Published