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Boise Cascade Corp. v. Huizar

12/20/1994

was causally connected to the industrial injury, neither L&I;nor the self-insured can use its lack of prior authorization as a basis for denying payment for services later found to be medically necessary and causally connected to the industrial injury. To conclude otherwise would be contrary to the express purpose and intent of the Industrial Insurance Act. Cf. Barrie v. Kitsap Cy., 93 Wash. 2d 843, 859, 613 P.2d 1148 (1980). If we were to adopt Boise Cascade's reasoning, L&I;or the self-insured could avoid paying any medical bill by simply refusing to authorize the requested treatment.


Here, the Board found that before he was treated, Mr. Wentz provided information to the self-insured which was sufficient for the self-insured to determine whether the treatment was medically necessary and causally connected to the industrial injury . Since error has not been assigned to the findings, they are verities on appeal. Had the Board found the treatment was not medically necessary, or was not causally related to the industrial injury, or the information provided to the self-insured was deficient, the costs of treatment would have been the responsibility of the claimant.


The trial court did not err in granting summary judgment in favor of Mr. Wentz.


Thompson, C. J.


WE CONCUR:


Schultheis, J.


Sweeney, J.






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