Employers are permitted to mandate the pharmacy from which claimants must obtain work-related prescription medications.

This case involved a legal motion before the Industrial Accident Board filed on behalf of the claimant which sought to compel the employer to pay for prescription medical expenses and also requested that a fine be assessed against the employer for failing to do so. The evidence presented by the claimant showed that the claimant was using Injured Workers' Pharmacy for obtaining the medications prescribed for the work injury. The employer countered with evidence that it had offered to provide those medications to the claimant through a company it used by the name of Preferred Medical. The Board denied the claimant's motion and agreed with the employer that it was permitted to mandate the provider of prescription medications.

The Board's order points out that §2323 of the Act provides as follows: "Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee's own choosing." It is important to note that this provision does not refer to a pharmacy, and, as such, the employer can choose a medication provider for the claimant from whom the claimant must obtain work-related prescription medications. The claimant can only choose their own pharmacy if the employer refuses or fails to provide the prescribed medications.

Case Law Alert - 3rd Qtr 2012