Addiction to Prescribed Medicine (South Dakota)

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Addiction to Prescribed Medicine (South Dakota)

Postby Bethv on Wed Nov 01, 2017 11:07 am

In 2007 we had an employee who was disgruntled and quit. He write a letter and left. Shortly after that he claimed he hurt himself on the job (knee). I was not here at the time but it seems we did file a claim with our Insurance carrier for WC and that was that.
I started working here January 2016 and saw this case still active. Long story short, it seems the employee claims he hurt his knee while working and saw the Dr who treated him with Pain Medicine, now recall this is back in 2007.
Long story short, the Dr recommended surgery (Laparoscopic or similar) and the employee did not want to do it so the Dr kept him on pain meds until I came around and started asking about this case. It seems once I started asking why he was still on pain meds the answer was the obvious one, he became addicted and now cant stop taking them. This is apparently our problem due to the injury we don't have any confirmation of any injury by management etc.
According to Insurance our company or Insurance company is liable to keep him on the plan because it is the fault of the injury he became addicted.
I have gotten some activity but not enough to satisfy my questions.
FIRST: When does the employee have to take responsibility for their actions and decisions. He choose not to do surgery.
SECOND: When does the DR take responsibility and say NO MORE PAIN PILLS BECAUSE YOU ARE GOING TO BE ADDICTED
THIRD: I final got the insurance to talk to the DR and now he is weaned off pain meds but needs at least a year of very expensive medicine to beat his addiction. WE WILL HAVE TO PAY THAT NOW TOO??

So basically, the ex-employee choose to remain on the pain meds and not take the option to repair his knee. The DR Let him get hooked on these over 10 years.
Isn't there some law that releases our corporation due to the choices made by the ex- employee and the DR.

Please help.
I know we are not Paying this, Insurance is but it will and has hurt our renewals. The ex-employee may also be abusing the drug since he was telling the DR his pain was not better. They gave him a patch of some kind (Im looking into that) and I told them it is hard to put a patch on wrong since there is no specific place it has to go, just on for 24 hours.
He may very well be abusing this drug now and I would like to have him drug tested weekly if possible but not sure if it is ethical to ask. I do not want to make assumptions but I have my suspicions and 10 years is a long time.
Reserve is now up to a total payout of all $573,000.00. A month ago it was $245,000. That was for 10 years so in one year they need $300,000.00. Something is very wrong with this picture

They increased the Medical by almost $300,000.00 for the next year but I know the medicine and Dr visits are not that much.

Help Please
Everyone protects the employee but who is protecting the company.

Any advice or facts are appreciated.
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