Opinion
Record No. 0794-93-4
November 23, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Russell G. Henshall; Siciliano, Ellis, Dyer Boccarosse, on brief), for appellants.
No brief for appellee.
Present: Judges Baker, Elder and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
County of Fauquier Emergency Services and its insurer (collectively referred to hereinafter as "employer") contend that the Workers' Compensation Commission (commission) erred in finding that immunoglobulin shots and testing for Hepatitis B and HIV constituted reasonable and necessary medical treatment for which the employer is responsible. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the commission's decision. Rule 5A:27.
Justin R. Clayton (claimant) worked as an advance life support responder for employer. On April 14, 1992, claimant responded to a call from an individual (referred to hereinafter as "patient") who had taken some medication and thought she was having an adverse reaction. While claimant was at patient's residence, patient telephoned her doctor. The doctor asked claimant to perform a blood sugar test. After completing the test, claimant sustained a needle stick to his right index finger. The needle was contaminated with the patient's blood. At the time of the incident, patient told claimant that, as far as she knew, she was not infected with any contagious diseases.
Upon being notified of the needle stick, claimant's supervisor referred him to employer's physician, Dr. L. Trice Gravatte, IV. In Dr. Gravette's October 16, 1992 letter to claimant, he stated that it was "standard care and medically necessary" to test claimant's blood for Hepatitis B and that claimant needed immunoglobulin shots. Upon Dr. Gravette's suggestion, claimant underwent the immunoglobulin shots, an HIV test and a series of vaccines for Hepatitis B. Claimant's supervisor testified that the testing performed was in compliance with OSHA regulations and county standards.
At the time of the needle stick incident, there was no legal remedy available to require patient to be tested for contagious diseases. Patient initially refused to be tested, but underwent testing several months after the incident. The results were unknown to claimant, yet he received no notification that further medical treatment for him would be necessary.
Code § 65.2-603 requires the employer to furnish the employee with medically reasonable and necessary treatment following a compensable industrial accident. Here, the commission found that claimant established that the testing constituted medical treatment within the meaning of that section. In holding employer responsible for the cost of the tests, the commission placed particular emphasis on the fact that the injury took place when claimant's finger was punctured; that the treating physician perceived the possible hazard from being punctured; that patient refused to be tested; and that the treating physician, in his discretion, decided to proceed with the tests.
Credible evidence supports the commission's decision and it will not be disturbed on appeal. Evidence that the treating physician ordered these tests and included them in his treatment plan permitted the commission to conclude that the tests were medically necessary. Moreover, no evidence suggests that the tests were not medically necessary. The fact that patient did not believe that she was suffering from any contagious disease does not diminish the probative value of the treating physician's decision to include the tests in his treatment plan, especially where, as here, patient initially refused to be tested and there was no legal remedy available to claimant to require patient to be tested.
For the reasons stated, we affirm the commission's decision.
Affirmed.