Vandervalk Vs. MT State Fund

Helena, MT (CompNewsNetwork) - Kurt Vandervalk argued that one of his settled workers’ compensation claims should be reopened and that he should receive wage-loss and vocational rehabilitation benefits.

Kurt believes that his usage of Vioxx for his carpal tunnel syndrome caused him to suffer cardiovascular problems and that Montana State Fund should be liable for his cardiovascular condition. Kurt also believes that the Montana State Fund should reimburse him for travel expenses and for out-of-pocket expenses he has incurred in filling prescriptions.

The Montana State Fund responded that it is only liable for medical expenses incurred in the treatment of Kurt’s carpal tunnel syndrome for which it accepted liability. The Montana State Fund explained that the evidence demonstrates that Vioxx did not cause Vandervalk’s cardiovascular condition and further contends that it has paid for all of his prescriptions relating to his carpal tunnel syndrome symptoms. The Montana State Fund believes that Kurt Vandervalk is not entitled to reopen his settlement, and that he is not statutorily entitled to rehabilitation benefits or reimbursement of the specific travel expenses he has incurred.

Here are the issues that the Montana Workers’ Compensation Court faced:

Should Petitioner’s settlements be reopened?

Is the Petitioner entitled to additional indemnity (wage loss) benefits?

Was Petitioner’s cardiovascular condition accelerated by the use of Vioxx?

Is Petitioner entitled to reimbursement for out of pocket expenses for prescriptions?

Is Petitioner entitled to payment for travel expenses related to medical treatment?

Is Petitioner entitled to rehabilitation benefits?

Download the attachment to see what the Montana Workers’ Compensation Court decided.