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In re Appeal of Fay12/8/2003
officer found, however, that the hospital was not responsible for Fay's mental health counseling or gastrointestinal bills, because he failed to prove that they were the result of his work-related back injury.
Fay appealed to the board for a de novo hearing. The board found that: (1) Fay failed to prove that he was disabled from the November 12, 1999 injury; (2) the opinions of Paul and Catherine Foster-Smith were not credible; (3) Fay failed to prove that the mental health counseling bills and other medical bills related to his anxiety problem were the result of his back injury; and (4) the only medical bills related to Fay's back injury for which the hospital is responsible are those incurred on or before December 21, 1999. The board subsequently denied Fay's motion for reconsideration and rehearing.
We will not disturb the board's decision absent an error of law, or unless, by a clear preponderance of the evidence, we find it to be unjust or unreasonable. Appeal of CNA Ins. Co., 148 N.H. 317, 319 (2002). We consider the board's factual findings to be prima facie lawful and reasonable. Appeal of Currin, 149 N.H. 303, 305 (2003). As the appealing party, Fay has the burden of demonstrating that the board's decision was erroneous. Id. at 305-06.
Fay first argues that the board exceeded its authority when it ruled on issues that were not raised at the department of labor hearing. We agree.
The board's de novo review is limited to issues raised in the department of labor proceedings being appealed. Appeal of Rainville, 143 N.H. 624, 629 (1999); P. Salafia & D. Daneke, New Hampshire Workers' Compensation Manual ยง 13.02, at 13-12 (3d ed. 2001). "Because of the breadth and complexity of the workers' compensation statutory scheme, limiting the issues reviewable by the board ensures that parties can reasonably anticipate the issues for which they must prepare evidence and argument." Rainville, 143 N.H. at 629. Moreover, "the board's de novo review of an appeal does not confer upon non-appealing parties the right to pursue their claims on appeal." Currin, 149 N.H. at 307.
Here, the hearing officer ruled in favor of Fay, finding that he was entitled to temporary partial disability benefits and that the hospital was responsible for all medical bills related to his back injury. The hearing officer also ruled, however, that the hospital was not responsible for Fay's mental health counseling and gastrointestinal bills. Fay appealed, challenging the hearing officer's ruling that the hospital was not responsible for his mental health counseling and gastrointestinal bills. That ruling, however, was the only issue appealed; Fay did not challenge the decisions that were favorable to him, namely, that he was entitled to temporary partial disability benefits and that the hospital was responsible for all medical bills related to his back injury. Because the hospital failed to appeal the hearing officer's decision, it was not entitled to pursue its claims on appeal. See id. Thus, we hold that the board exceeded its authority when it ruled that Fay failed to prove that he was disabled from the November 12, 1999 injury and that the hospital was responsible only for the back-related medical expenses that were incurred on or before December 21, 1999. As a result, we vacate this portion of the board's decision. Because we agree that the board exceeded its authority, we need not address Fay's collateral estoppel argument.
Next, Fay argues that the board erred as a matter of law when it ruled that he failed to meet his burden of proof to establish that his mental health counseling and gastrointestinal bills were the result of his workplace injury and the responsibili
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