An injured worker died due to an overdose of oxycodone combined with alcohol. His widow sought workers’ compensation death benefits. Did she receive them?
Charles Kilburn worked as a carpenter for his employer, Ryan Brown, in Tennessee. On Nov. 6, 2008, he suffered severe injuries to his neck and back in a work-related vehicle crash. Kilburn had neck surgery which relieved his pain there, but he still had severe back pain. A doctor recommended back surgery, but the insurance company denied coverage.
On Jan. 4, 2010, Kilburn was evaluated by a pain management specialist who was concerned with his consumption of alcohol while taking his pain medication. Kilburn admitted he was taking two opioid tablets at one time even though he’d only been prescribed half that dose. As part of his treatment, Kilburn signed an agreement stating, “I will control my usage of narcotic medications as directed by the attending physician. There are no exceptions. If medication is inadequate for pain level, I must call before adjusting dosage.”