 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Westinghouse Electric Corp. v. Workers' Compensation Appeal Board11/17/2003
tion Appeal Board (Thoroughgood, Inc.), 666 A.2d 383 (Pa. Cmwlth. 1995). We find no merit in Employer's argument regarding the competence of Dr. Sheridan's testimony or the weight given to it by the WCJ.
Next, we consider whether the Board erred in requiring Employer to reimburse Claimant for two-thirds of the cost of gym equipment he purchased.
The home exercise equipment was prescribed by Dr. DiMauro as part of the physical therapy prescribed to treat Claimant's chronic pain and weakness. Employer asserts that there is a lack of evidence to relate Claimant's chronic pain to the injuries of "internal injuries, knee strain" noted on the NCP. This argument is unavailing because the NCP was amended. Claimant's psychological injuries and constant pain were caused by his physical work-related injuries and the surgeries they required.
Alternatively, Employer contends that since Claimant gave away some of the equipment, he should receive no reimbursement. The WCJ struck a reasonable compromise on this point that we decline to disturb. The equipment was prescribed, but there was no guarantee that it would be efficacious. Employer offers no case law or statutory authority to support this point.
Finally, we consider Employer's challenge to the Board's decision to remand this case to the WCJ to require Dr. Sheridan to resubmit his bills in accordance with Section 306(f.1) of the Act, 77 P.S. ยง531. Under this provision, medical bills causally related to a work-related injury must be paid by employer. However, the obligation to pay does not begin to run until bills are submitted on the proper medical forms with a monthly medical report. The appropriate remedy where, as here, a provider has failed to submit medical bills in the proper form is to remand the matter to the WCJ. AT&T;v. Workers' Compensation Appeal Board (DiNapoli), 728 A.2d 381, 384 (Pa. Cmwlth. 1999) (ordering the Board to remand to the WCJ to provide the provider "the opportunity to submit his medical bills on those forms mandated by Act 44.") The Board's remand to the WCJ was correct.
For the above reasons, we affirm the decision of the Board.
MARY HANNAH LEAVITT, Judge
ORDER
AND NOW, this 17th day of November, 2003, the order of the Workers' Compensation Appeal Board dated November 4, 2002, in the above-captioned matter is hereby affirmed.
MARY HANNAH LEAVITT, Judge
Page 1 2 3 4 5 Pennsylvania Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|