Judy Kilburn v. Granite State Insurance Company, et al.

In this workers’ compensation case, Charles Kilburn sustained several injuries from a motor vehicle accident. He underwent cervical spine surgery to resolve his neck injury complaints. His authorized physician also recommended lumbar spine surgery to combat his back pain, but that request was denied through the utilization review process. Mr. Kilburn took oxycodone to alleviate his back pain, and his treating physician referred him to a pain management clinic. Six months after the cervical spine surgery, Mr. Kilburn died due to an overdose of oxycodone combined with alcohol. After a bench trial, the chancery court found that the death was compensable. Mr. Kilburn’s employer appealed. The appeal was initially referred to a Special Workers’ Compensation Appeals Panel, but we later transferred the case to the Supreme Court for review. After examining the record, the parties’ arguments, and the applicable law, we reverse the judgment of the chancery court.