Missouri Court of Appeals, Western District / Date unavailable
S&B Hauling & Construction and Utah Business Insurance Company of America vs. Center For Surgical Specialties, P.C.
S&B Hauling & Construction and Utah Business Insurance Company of America appealed a Labor and Industrial Relations Commission award concerning a medical fee dispute with The Center for Surgical Specialties, P.C. Appellants argued the Commission erroneously shifted the burden of proof regarding the reasonableness of medical charges and that there was insufficient evidence to support the award. The appellate court affirmed the Commission's award, clarifying that while the burden of going forward with evidence may shift, the ultimate burden of persuasion remains with the healthcare provider. The court also found sufficient competent evidence supported the Commission's decision that the medical fees were fair and reasonable.