Botulinum toxin injections (“Botox”) | Minnesota workers’ compensation Lawyers

Chronic pain is one of the most common reasons for people to seek medical attention.  Diagnosing and treating chronic pain can be difficult and often times frustrating.  Typical treatment often includes medications, physical medicine, behavioral medicine, therapy and, at times, surgery.  However, treatment may also include use of a biologic neuromuscular blocking agent such as botulinum toxin (“Botox”) injections for treatment of pain conditions. Botox injections have been found to be a reasonable option for treatment.

Botox injections have been used as the “gold standard” for conditions associated with involuntary muscle contractions, such as dystonia or torticollis.  The Botox toxin results in localized muscle weakness which helps with involuntary spasms.

Botox injections have been used to treat tennis elbow, migraines/headaches, facial pain, myofascial pain, low back pain, and neck pain. 

Under Minnesota workers’ compensation law, specifically Rules 5221.6200, 5221.6205, and 5221.6210, Botox injections are not specifically allowed.  However, under the law, if a departure has been requested and is necessary, Botox injections may be allowed.  Under Morgan v. Care Force Homes, #WC16-5957 (WCCA 11/14/16), my colleague, David Kempston, was successful in obtaining Botox injections for his client which was upheld by the Workers’ Compensation Court of Appeals. 

Requesting a Minnesota Workers’ Compensation Departure

A departure can be requested by a physician if there has been the following:

• Medical complication.
• Previous treatment did not meet the accepted standards of practice and the requirements allowed under the Minnesota Rules.
• The treatment is necessary to assist the injured worker in the initial return to work where the employee’s work activities place stress on the part of body effected by the work injury. 
• The treatment meets two of the above criteria, whether it be the employee’s subjective complaints have progressively improved as evidenced by documentation in the medical record, the employee’s objective clinical findings are progressively improved as evidenced by documentation in the medical record of resolution or objectively measured improvement and physical signs of injury, or employee’s functional status, vocational activities objectively improved as evidenced by documentation in the medical records.
• There is an incapacitating and exacerbation of the employee’s condition or if additional treatment for incapacitating exacerbation may not exceed and must comply with the treatment parameters, in other words the duration and frequency of the physical therapy would then start over.

Contacting a Minnesota Workers’ Compensation Attorney with Experience Getting Medical Treatment Approved and Paid

Even though the Minnesota Treatment Parameters may limit Botox injections it does not mean that you cannot obtain that treatment.  It is important that your doctor who is recommending the Botox understands the Minnesota Workers’ Compensation Act and Treatment Parameters.  We have experienced attorneys who have worked with hundreds of doctors across Minnesota and have educated them on the treatment parameters.  We assist our clients by meeting with the doctors to make sure that the appropriate steps are taken to get our clients the reasonable, necessary and causally related medical treatment.  If you would like to meet with a work comp attorney, contact us at 855-354-2667 for a free consultation. 

Photo by Luis Melendez on Unsplash