Iowa Workers Compensation: Erectile Dysfunction and the work related injury

Today let’s learn about Viagra, workers' compensation lawyers, injured workers and musical ensembles. These are all entwined in one way or another.

Did you hear about the drug store at the corner of 22^nd and Westown Parkway in West Des Moines, Iowa that was broken into last week? Completely burglarized.

They stole the entire inventory of Viagra. Yeah, the police are out looking for hardened criminals.

Viagra brings instant humor to any conversation. A Russian pop group even adopted the name. We’ve all seen the commercials and I’ll venture to say there isn’t a guy on the planet who hasn’t thought or said, “Heck if I had an erection for four hours I wouldn’t be visiting the emergency room!” Well the side effect of  Viagra that we are talking about is serious and if you knew they inserted a probe into your penis, three times I believe, then you’d wince and stop laughing about that side effect.  

The official Viagra web site indicates if you take any medications with nitrates in them (like nitroglycerin for chest pain) either every day or once in a while you shouldn’t be taking Viagra.  Viagra can lead to you having a heart attack, so follow the directions.

Vigara can also be used to combat high altitude pulmonary edema (HAPE) or altitude sickness.

Can Viagra lead to situations involving death?

The short answer is yes it can. Viagra was originally being tested as a vaso dialator to combat high blood pressure. In the clinical trials they noticed one particular side effect for men that later led to it being used to treat erictile dysfunction.

Is Viagra or Cialis covered under Iowa’s Workers Compensation Act?

The short answer is yes it can be under Iowa Code Chapter 85.27, the medical benefits section.

My clients have included men with ruptured discs or more serious nerve disorders like myolapathy that result in their inability to enjoy their normal sex life. To many of us the whole thought of Viagra is funny, but to them it’s a real situation that creates a quality of life challenge. It’s a real problem for these clients that should not be ignored by the lawyer.  I’ve been successful in obtaining authorization for the workers’ compensation carrier to cover the cost of prescibing Viagra under the Iowa Workers’ Compensation Act as a reasonable medical expense. It takes a physicial examination by the treating physician and his or her prescribing the drug for treatment. Physical activity is so closely tied to psychological well being that the two go, well … hand-in-hand.

Is there case law to support the prescribing of Viagra or Cealis?

Yes. Without giving a complete list of cases here is one case you can site to your attorney or to the adjuster.

Case No. 5-2701: A deputy-level decision currently on appeal found Viagra prescriptions reasonable and necessary to treat work related sexual dysfunction. Claimant’s authorized physician retired, and defendant provided care to include a diagnostic workup of that symptom. This has not yet been accomplished.

Should I tell my lawyer I’m having a problem with having sex?

How is the lawyer supposed to know the client is having a problem?

For the lawyer to deal with the problem he or she needs to know it exists. There aren’t many male clients willing to walk into the lawyers office and lay it right out on the table. Most times I have to put things together with the seriousness of the injury, picking up on the little things the client talks about. Many times there are vague complaints but the client continues to suggest going back to see the company doctor. They may even give indications their spouse is having a difficult time, not happy and sometimes I need to just sit back in my chair and listen. Being busy it’s not easy to take a half hour to just chat about how things are going in their life. But inevitably it will save time in the future. If ignored the problem will persist. My approach is to talk while alone with the client and ask “How are things going at home?”.  As lawyers we are also counselors and have to be sensitive to who we are and what they must be dealing with.  

As a lawyer if you ignore the possibilty of this being a problem you don’t deserve to have the privilege of representing the client.

And clients if it’s a problem and difficult for you to bring up, drop the lawyer an email and bring the issue up. And please don’t misuse the drug. Here is a story about a Russian man who took up the challenge by two women that he couldn’t have sex for an entire day. He did but with a bottle of Viagra, then had a heart attack and died.

Whatever you do don’t abuse Viagra, it’s a drug that can kill you.

So don’t be stupid about it.

By the way, the Via Gra pop group video is really pretty good. I wouldn’t call it Hard Rock but then again it’s not Soft Rock either. Sorry, I just couldn’t let that one pass though my brain without writing it. Remember boys will be boys.

Nu Virgos is the name used to promote the group VIA Gra (??? ???) outside of Russia, Ukraine and other nearby countries. The name VIA Gra is both a reference to the drug Viagra and a play on words, since the first three letters stand for "vocal-instrumental ensemble" in Russian, and "Gra" means "Game" in Ukrainian. VIA Gra is a Ukrainian/Russian girl group that hit the charts in these countries in September 2000 with their first single "Popytka No. 5". Their first success outside the Russian language area was in May 2004 with the single "Stop! Stop! Stop!", an English version of their 2002 Russian song. The group is known for their frequent lineup changes, with 11 different individuals having at one time been in the group. The group was co-created by Dmitriy Kostyuk and Konstantin Meladze. Kostyuk is the manager of the group and the co-producer of the group's albums. Meladze is the writer of the group's songs and the co-producer of the group's albums.