Legal Opinion
Harborth v. State ex rel. Dep't of Workforce Servs., Workers' Comp. Div.
Wyoming Supreme Court
Decided August 22, 2018No. S-18-0003PublishedCited by 3 opinions
1Opinion of the Court
FOX, Justice.
[¶1] Linda J. Harborth underwent artificial disc replacement to treat her work-related back injury. The Department of Workforce Services, Workers' Compensation Division, (the Division) denied benefits for the surgery because the artificial disc and the surgical procedure had not been approved by the U.S. Food and Drug Administration (FDA), and Ms. Harborth had not produced sufficient objective medical support for their use. After a contested case hearing, the Medical Commission upheld the Division's decision, determining that the procedure was both an "off-label" use of medical…
2Cases cited12 opinions
- Cooper v. Smith & Nephew, Inc.Court of Appeals for the Fourth Circuit · 2001
- Worker's Compensation Claim of Dale v. S & S Builders, LLCWyoming Supreme Court · 2008
- Kevin Krohn v. Home-Owners Ins CoMichigan Supreme Court · 2011
- Worker's Compensation Claim of Rodgers v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2006
- Worker's Compensation Claim of Guerrero v. State ex rel. Department of Workforce Services, Workers' Compensation DivisionWyoming Supreme Court · 2015
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3Cited by3 opinions
- Blaine M. Mccallister v. State of Wyoming, Ex Rel. Department of Workforce Services, Workers' Compensation DivisionWyoming Supreme Court · 2022
- In the Matter of the Worker's Compensation Claim Of: Jody J. Sweetalla v. State of Wyoming, Ex Rel. Department of Workforce Services, Workers' Compensation DivisionWyoming Supreme Court · 2019
- Dino Moncecchi v. Mckellar, Tiedeken & Scoggin, LLCWyoming Supreme Court · 2026