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Case Name | Castleberry v. New Hampshire Insurance Company | |
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Date | 11/14/2012 | |
Note | A worker with a back injury failed to provide sufficient medical evidence to establish how his alleged need for Viagra was related to his industrial accident as a matter of law. | |
Citation | 06-12-00059-CV | |
WCC Citation | WCC 16602012 TX |
CASTLEBERRY v. NEW HAMPSHIRE INSURANCE COMPANY CHRISTOPHER CASTLEBERRY, Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY, Appellee. Christopher Castleberry, acting pro se, has appealed from a no-evidence summary judgment rendered in favor of New Hampshire Insurance Company (the insurer), a workers' compensation insurance carrier. In a series of procedural errors, Castleberry only pled for recovery on the extent of injury determination regarding erectile dysfunction. The trial court granted the insurer's motion for summary judgment and Castleberry has appealed from that judgment. There is evidence that the Viagra was prescribed for Castleberry and that he did obtain that drug on numerous occasions.
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Download full case here.