Ex Parte Ward International, In re: Shows

Court of Civil Appeals of Alabama

Mobile County | 189 So. 3d 90 | Sept. 11, 2015


Court Rules in Favor of Employee's Compensation for Erectile Dysfunction Medication Stemming from Work-Related Injury

Shows was injured at his workplace under Ward's employment, leading him to file a claim for workers' compensation benefits in accordance with the Alabama Workers' Compensation Act. While Ward paid Shows a lump sum for the injury, the future medical benefits were left undecided. Later, Shows sought approval from Ward for medication to treat erectile dysfunction. Ward initially agreed but later withdrew its approval. Shows then sought a court order for Ward to fund the medication, submitting evidence from Dr. Cockrell linking the work-related injury, the resulting chronic pain, and its treatment with narcotic analgesics to Shows's erectile dysfunction.

The trial court sided with Shows, ordering Ward to provide the medication. Ward appealed, invoking a writ of mandamus to overturn the trial court's decision. Ward primarily based its challenge on Rule 480-5-5-.15(15), which lays out specific conditions under which erectile dysfunction medication can be covered by workers' compensation. Ward argued that Shows did not meet these conditions. However, the appellate court upheld the trial court's decision, referencing Section 25-5-77(a) that holds employers responsible for necessary medical treatment resulting from work-related injuries, irrespective of specific departmental regulations.

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