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Carmelita Frost v. Coin Acceptors, Inc./Mountain View Fabricating

Decision date: May 26, 2016Injury #11-04102513 pages

Summary

The Labor and Industrial Relations Commission modified the administrative law judge's award of past medical expenses for a right and left shoulder work injury, reducing certain charges that lacked adequate supporting treatment records. The Commission affirmed most of the $46,164.17 award but adjusted specific charges from chiropractic and physical therapy providers based on documentation review.

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FINAL AWARD ALLOWING COMPENSATION (Modifying Award and Decision of Administrative Law Judge)
Employee:Carmelita Frost
Employer:Coin Acceptors, Inc./Mountain View Fabricating
Insurer:Self-Insured
This workers’ compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. We have reviewed the evidence, read the parties’briefs, and considered the whole record. Pursuant to § 286.090 RSMo, we modify the award and decision of the administrative law judge. We adopt the findings, conclusions, decision, and award of the administrative law judge to the extent that they are not inconsistent with the findings, conclusions, decision, and modifications set forth below.
Discussion Past medical expenses
The parties asked the administrative law judge to resolve the issue whether employer is liable for employee’s past medical expenses for treatment in connection with her right and left shoulder work injuries. The administrative law judge awarded employee a total of $46,164.17 in past medical expenses based on a conclusion that the disputed treatment was reasonably required to cure and relieve the effects of employee’s injuries. Employer appeals, arguing that certain of the awarded charges are not shown on the record to relate to treatment in connection with employee’s left or right shoulder.Employee, in her brief, fails to respond to employer’s argument that certain of the charges are not supported by corresponding treatment records. We have carefully reviewed the transcript, and we agree that certain of the charges awarded by the administrative law judge are not shown to correspond to treatment that was reasonably required to cure and relieve the effects of the work injury. Accordingly, we must modify the award of the administrative law judge as follows.The administrative law judge awarded $245.00 in charges from Schierling Chiropractic, LLC. The bills themselves suggest that these charges were for lumbar spine adjustments provided between October 3, 2012, and November 19, 2014, and the medical records from December 18, 2013, through March 6, 2015, do not clearly reflect any treatment for the right or the left shoulder.Transcript, pages 240, 203-09. On the other hand, employee did provide records and bills for two dates of service, January 6 and February 8, 2012, for myofascial release treatments for the right shoulder.Transcript, pages 210-15. The total of these latter charges is $114.00. Accordingly, we must modify the award of charges from Schierling Chiropractic from 245.00 to 114.00.The administrative law judge also awarded $5,378.29 in charges from Physical Therapy Specialists Clinic, Inc. The bills suggest 34 dates of service between May 4, 2012, and August 8, 2012.Transcript, pages 243-61. Employer argues that the medical records corresponding to these treatments are incomplete, as the record only contains specific notes for the following dates of service: May 4 and 29, June 28, July 2, and August 1, 2012.

Injury No. 11-041025

Employee: Carmelita Frost

- 2 -

Transcript, pages 140-72. We note, however, that the June 28, 2012, record references a total of 25 previous physical rehabilitation sessions, and the bills themselves plainly reveal that each date of service involved treatment for the shoulders. For example, the diagnostic codes and descriptions of service for July 2, 2012, (a date for which employee did provide a corresponding treatment record) and July 3, 2012, (a date for which employee did not) are identical. Given these circumstances, we deem the record sufficient to infer (and we so find) that these charges were incurred for treatment that was reasonably required to cure and relieve the effects of employee's work injury, despite the absence of notes specific to each physical therapy session.

We note also that the administrative law judge appears to have undervalued the cost of this treatment, in awarding to employee only the outstanding amount of the charges, and failing to include reimbursement for the payments employee or her insurer rendered to this provider. Specifically, our own calculations derived from the bills themselves suggest that this provider billed employee a total of $6,750.00 for these services, and that this amount was reduced to the outstanding balance of $5,378.29 as a result of a number of payments by employee and/or her insurer. Employee, however, has not filed an application for review challenging the administrative law judge's calculations, nor has she argued in her brief that we should award any additional amount. Accordingly, we will not disturb the administrative law judge's award with respect to Physical Therapy Specialists Clinic, Inc.

The administrative law judge also awarded $9,929.88 in charges from Hubbard Bone and Joint Clinic, LLC. Employer argues that this amount must be reduced because it includes $63.84 in charges for medical records. We disagree. Instead, a careful review of the bills reveals that, as with the charges from Physical Therapy Specialists Clinic, Inc., the administrative law judge has awarded the outstanding balance, and has not reimbursed employee for her out-of-pocket expenses, including the payments she made for medical records. Specifically, the bills reveal that employee made a payment of 31.92 for medical records furnished on August 22, 2012, and another payment of 31.92 for medical records furnished on September 26, 2012. Transcript, pages 271-72. These amounts are not included in the outstanding balance of $10,141.88 identified by Hubbard Bone and Joint Clinic, LLC, Transcript, page 269, which was reduced by the administrative law judge to $9,929.88 based on her finding that the April 4, 2012, treatment constituted self-directed treatment for which employer is not liable.

In fact, rather than overcharge employer for medical records, the administrative law judge appears to have once again undervalued the charges from this provider, because she did not account for the $76.12 payment employee rendered to Hubbard Bone and Joint Clinic, LLC, for the treatment date of August 8, 2012. However, as we have noted, employee does not challenge the administrative law judge's award in any respect; for this reason, we decline to modify the award with respect to these (apparent) out-of-pocket expenses.

The administrative law judge also awarded $1,518.00 in charges from Cox Regional Services. The bills themselves suggest that employee incurred $2,325.00 in charges with this provider for dates of service between December 7, 2011, and February 5, 2015.

Transcript, pages 273-95. The administrative law judge did not provide her calculations or otherwise explain how she reached the awarded amount of $\ 1,518.00. Nor has employee, in her brief, provided any itemization or other explanation identifying the charges she believes are compensable.

The notations within the bills are rather cryptic and ultimately offer no indication that these charges were incurred in connection with treatment for employee's left or right shoulder. Turning to the medical treatment records from Cox Regional Services, we find only one note, March 5, 2012, that both corresponds to a date of service listed in the bills and that pertains to treatment of employee's right shoulder. Transcript, page 217-18. Accordingly, we must modify the award of charges from Cox Regional Services from $\ 1,518.00 to $\ 261.00, the amount incurred for employee's right shoulder treatment with Dr. Laurie Clarkston on March 5, 2012.

The administrative law judge also awarded $\ 3,490.00 in charges from Ozark Medical Center. The bills themselves suggest that employee incurred $\ 7,178.48 in charges with this provider for dates of service between November 1, 2013, and March 14, 2014. Transcript, pages 296-308. As with the charges from Cox Regional Services, the administrative law judge did not provide her calculations or otherwise explain how she reached the awarded amount of $\ 3,490.00. Nor has employee, in her brief, provided any itemization or other explanation identifying the charges she believes are compensable.

The notations within the bills do not clearly suggest that any of these charges were incurred in connection with treatment for employee's left or right shoulder. Employee did not provide testimony to explain the charges from Ozark Medical Center, and after a thorough review of the transcript, we are unable to find any treatment records from this provider corresponding to the dates of service listed in the bills. We find that employee has failed to meet her burden of proof with respect to the claimed charges from Ozark Medical Center. Accordingly, we must modify the award on this point. We conclude that the charges shown in the bills from Ozark Medical Center were not incurred in connection with any treatment reasonably required to cure and relieve the effects of the work injury. Consequently, employee is not entitled to any amount in charges from Ozark Medical Center.

As a result of the foregoing modifications, we conclude that employee is entitled to, and employer is obligated to pay, a total of $\ 41,286.17 in past medical expenses, rather than the amount of $\ 46,164.17 identified by the administrative law judge.

Award

We modify the administrative law judge's award with respect to the issue of employer's liability for past medical expenses.

Employee is entitled to, and employer is obligated to pay, a total of $\ 41,286.17 in past medical expenses.

The award and decision of Administrative Law Judge Victorine R. Mahon, issued November 13, 2015, is attached hereto and incorporated herein to the extent not inconsistent with this decision and award.

The Commission approves and affirms the administrative law judge's allowance of an attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\qquad 26^{\text {th }} \qquad$ day of May 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Issued by MISSOURI DIVISION OF WORKERS’ COMPENSATION
AWARD
Employee:Carmelita FrostInjury No. 11-041025
Dependents:N/A
Employer:Coin Acceptors, Inc./Mountain View FabricatingBefore the DIVISION OF WORKERS’ COMPENSATION
Additional Party:Not applicableDepartment of Labor and Industrial
Relations of Missouri
Insurer:Self-insuredJefferson City, Missouri
c/o Corporate Claims Management (TPA)
Hearing Date:September 16, 2015Checked by: VRM/ps
FINDINGS OF FACT AND RULINGS OF LAW
1.Are any benefits awarded herein? Yes.
2.Was the injury or occupational disease compensable under Chapter 287? Yes.
3.Was there an accident or incident of occupational disease under the Law? Yes.
4.Date of accident or onset of occupational disease: May 9, 2011.
5.State location where accident occurred or occupational disease was contracted: Mountain View, Howell County, Missouri.
6.Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
7.Did employer receive proper notice? Yes.
8.Did accident or occupational disease arise out of and in the course of the employment? Yes.
9.Was claim for compensation filed within time required by Law? Yes.
10.Was employer insured by above insurer? Yes.
11.Describe work employee was doing and how accident occurred or occupational disease contracted: Claimant injured her right shoulder while lifting at work and thereafter sustained a compensatory lef

Full decision text continues in the plain-text archive copy.

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