Baker v. Rapid City Regional Hospital, 082520 SDWC, 55, 2015/16

Case DateAugust 25, 2020
CourtSouth Dakota
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...

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