WILLIAM R. BAKER, Claimant,
v.
RAPID CITY REGIONAL HOSPITAL, Employer,
and
HARTFORD INSURANCE, Insurer.
HF No. 55, 2015/16
South Dakota Workers Compensation
South Dakota Department of Labor & Regulation Division of Labor and Management
August 25, 2020
DECISION ON REMAND RE: REASONABLENESS AND NECESSITY
OF PSYCHOLOGICAL TREATMENT
Juries
E. Marsh, Administrative Law Judge.
Judge
DeVaney, Hughes County Court, Sixth Judicial Circuit,
remanded this matter to the Department pursuant to Order
dated June 28, 2019, finding the Department (1) erred in
finding Claimant did not prove by clear and convincing
evidence he suffered a compensable physical injury which is
and remains a major contributing cause of his mental
condition, and (2) did not err in finding Claimant was not
permanently and totally disabled under the odd-lot doctrine;
Those issues are not being further considered here; the
Department is charged with determining whether Claimant's
psychological/psychiatric treatment received after the case
was tried (October 2, 2017) is reasonable and necessary.
By the
parties' agreement, the record in this case consists of
documents showing treatment and opinions by Dr. Richard
Renka, additional psychological and psychiatric treatment
records, and Dr. Gratzer's May 21, 2020 report.
Facts
Claimant
saw Dr. Brian Wilson, a psychiatrist, on January 3, 2017. Dr.
Wilson reported Claimant presented with post-traumatic stress
disorder (PTSD), depression, anxiety, and legal issues.
Claimant had been taking Paroxetine, Lorazepam and Ativan.
Claimant had a follow up with Dr. Wilson on December 5, 2017
in which Claimant said he had stopped taking Paroxetine in
June, 2017 and would like to get back on. Among other things.
Claimant said he continued to suffer from anxiety, decreased
energy, sleep problems, nightmares, and "some thoughts
of wanting to be dead." Dr. Wilson discontinued the
Paroxetine (Paxil) and Ativan, and prescribed Mirtazapine and
Hydroxyzine.
Claimant
saw Dr. Eric Traub, a psychologist, for counseling from
August 7, 2019 to October 14, 2019. Dr. Traub diagnosed
chronic PTSD...