Davis v. Craven Cty. ABC Bd.

DIETZ, Judge.

*45 Plaintiff Jerry Davis injured his ankle at work and struggled with pain for many years. In 2014, his doctors prescribed a compound cream that Davis found more effective than previous treatments. This compound cream was not approved by the U.S. Food and Drug Administration.

*46 Defendants, who are Davis's workers' compensation providers, refused to compensate him for this non-FDA-approved treatment. The Industrial Commission concluded that the compound cream was reasonably required to provide relief and ordered Defendants to pay. Defendants appealed.

As explained below, we reject…