Opiods in the Workplace

1
Opiods in the Workplace

• Who is Responsible for Wat?

2
In Re Wats Pig

• Smithfield Market, 1742
• It appearing that a large boar, having been
  brought to the market, and a large crowd of
  persons having gathered there, as was to be
  expected, and the boar, being unrestrained and
  uruly, and getting free and running in to the
  common areas and having damaged greatly the wares
  and stalls by string the same wit h great force
  and energy

3

• And it appearing to the learned Court that one
  Wat was the owner of said boar, and the evidence
  being that the said a boar had great repute
  throughout the neighboring villages as a Bad Pig,
  and therefore, that Wat SHOUD HAVE RESTARINED THE
  PIG knowing it might damage some stall or wares
  (or someones kid), therefore

4
The QUESTION IS

• Who is responsible for Wat?

5
Parameters of Problem

• 1. Neither a criminal nor regulatory violation
• 2. Doctor patient relationship
• 3. Presumed to be a prescription that was both
  therapeutically appropriate and a dosage that was
  reasonable from the doctors point of view

6
City of Lakeland v Burton

• Origin On job injury
• Doctor Private doctor
• Claim Patient died from drug overdose related to
  treatment for on the job injury
• Legal problem workers compensation benefits
• Result If the Rx was related to work, it is part
  of the injury
• Responsibility Employer
• Who Pays Employer

7
Simpson v Iowa Health Sys

• Origin Off the job motor vehicle accident
• Doctor co-worker of claimant
• Claim Rx caused disability from work (addiction
  to pain killer)
• Legal problem ADA claim
• Result Rx addiction caused by co-worker doctor is
  within ADA
• Responsibility Doctor
• Who Pays Employer

8
Kaiser v Suburban Transport

• Origin Bus Wreck
• Doctor Bus drivers private doctor
• Claim Passenger vs doctor for Rx induced
  impairment causing wreck
• Legal problem 3d party vs doctor
• (Wat? Hes not my pig )
• Result Passenger wins
• Responsibility Doctor
• Who Pays Employer of bus driver and doctor

9
Lard v Naidu

• Origin Widow of wreck victim
• Doctor Psychiatrist of driver
• Claim error in overdose and error in discharging
  from mental hospital
• Legal problem 3d party vs doctor
• Result You guessed it
• Responsibility Doctor
• Who Pays Doctor

10
Wilschinsky v Medina

• Origin Motor vehicle accident
• Doctor private
• Claim other driver claims drug overdose
  administered by doctor to other driver in the
  office an hour before the wreck
• Legal problem no violation of Rx regimen, no
  connection between victim and doctor
• Result doctor owes duty to strangers
• Responsibility Doctor
• Who Pays Doctor

11
Ross v Schubert

• Origin on job injury
• Doctor company doctor
• Claim Rx caused injury
• Legal problem turns on whether doctor was doing
  as employer directed or acting independently
• (He may be my pig, but you gave him to me )
• Responsibility Turns on whether
• Who Pays Turns on whether

12
Hawksby v De Pietro

• Origin on job injury
• Doctor company doctor
• Claim Rx caused injury at work
• Legal problem medical malpractice
• Result If doctor was merely a negligent
  co-worker
• (Yes, it was my fault therefore, I am not
  responsible)
• Responsibility Employer
• Who Pays Employer

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Wat does all this mean?

• Legal responsibility for the consequences of
  damage associated with opioids in the workplace
  change dramatically depending on
• 1. Why drugs were prescribed?
• 2. Who was hurt?
• 3. What is the legal claim? Workers
  compensation, ADA, 3d party, or medical
  liability?
• 4. Was it foreseeable?
• 5. Who is the doctor working for?

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• I hope you didnt find this all a boar.