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Wilmington, Delaware 19801
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Bolden v. Kraft General Foods, IAB Hearing No. 915912 (December 22, 2008)

This case involved a Claimant who injured both knees due to the cumulative detrimental effect of her work at Kraft. Claimant underwent multiple surgeries including bilateral knee replacement. Thereafter she filed a petition seeking payment of bills outstanding for two stair lifts, a chair power lift and travel expenses for a family member who came to take care of her after surgery. Dr. Rowe testified on behalf of the Claimant that the stair lifts would be needed for Claimant to go up and down stairs. The "lift chair" was also needed to assist Claimant to go from a seated to a standing position. Dr. Rowe did not prescribe home health care or the medical devices. Dr. Sopa testified on behalf of Kraft opining that the chair lifts were not a medical necessity. He also indicated that having an aunt come to help is not the standard of care, rather a visiting nurse should have been arranged. The Board denied the petition noting that Dr. Rowe did not prescribe the lifts, Claimant's areas for activities of daily living are all on one floor, Claimant did not live alone so assistance was available to move about, and Claimant's nursing and therapy were taken care of by a visiting nurse, not her aunt.


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