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Beard v. City of Danville Public Works4/30/1996
the surgery. Mr. Feinman moved for reconsideration. On April 11, 1995, the commission again affirmed the deputy commissioner's decision, finding that although the medical bills were contested, they were not determined by the commission to be reasonable and necessary, as required by Code § 65.2-714.
Mr. Feinman filed a second motion for reconsideration. The commission denied the motion, holding that Code § 65.2-714 requires attorney's fees when benefits for medical services are awarded after a hearing on the claim or after abandonment of a defense, but that the medical bills in this case were not approved as a result of dispute and litigation and were not before the commission on an initial disputed claim. The commission also found that CRMS had not abandoned a defense because it had not contested payment.
The commission did not err in holding that Mr. Feinman was not entitled to attorney's fees under Code § 65.2-714.
Virginia Code Ann. § 65.2-714 (B) provides:
If a contested claim is held to be compensable under this title and, after a hearing on the claim on its merits or after abandonment of a defense by the employer or insurance carrier, benefits for medical services are awarded and inure to the benefit of a third party . . . health care provider, the Commission shall award to the employee's attorney a reasonable fee and other reasonable pro rata costs as are appropriate from the sum which benefits the thirty party . . . health care provider.
Credible evidence in the record establishes the following: The claim was accepted by CRMS as compensable from its inception. Neither the City of Danville nor CRMS asserted or abandoned a defense. They sought only clarifying information, which Beard and Mr. Feinman denied. The health care providers gained no benefit from Mr. Feinman's involvement in the matter.
The decision of the commission is affirmed.
Affirmed.
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