Snyder v. Workers' Compensation Appeal Board

857 A.2d 202, 2004 Pa. Commw. LEXIS 551
CourtCommonwealth Court of Pennsylvania
DecidedJuly 22, 2004
StatusPublished

This text of 857 A.2d 202 (Snyder v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snyder v. Workers' Compensation Appeal Board, 857 A.2d 202, 2004 Pa. Commw. LEXIS 551 (Pa. Ct. App. 2004).

Opinion

OPINION BY

Judge McGINLEY.

On March 10, 1995, Nancy Snyder (Claimant) sustained a work-related injury to her left arm, left shoulder, and neck while in the course and scope of her employment with International Staple & Machine (Employer). Claimant received benefits pursuant to a notice of compensation payable until the parties executed a series of supplemental agreements upon Claimant’s return to work.

On April 20, 1995, Employer requested utilization review1 of chiropractic treatment rendered by Anthony Bilott, D.C. (Dr. Bilott) from May 10, 1995, forward. Raymond E. Miller, D.C. (Dr. Miller) conducted the review and determined that the chiropractic care was reasonable and necessary.

On August 21, 1996, Employer again requested utilization review of Dr. Bilott’s [204]*204treatment from June 10, 1996, forward. On November 6, 1996, Dr. Miller issued the utilization review determination. The Utilization Review: Determination Face Sheet listed the question “Is the health care reviewed reasonable and necessary?” The “yes box” was checked. Utilization Review: Determination Face Sheet, November 6, 1996, at 1; Reproduced Record (R.R.) at 33a. Dr. Miller concluded “treatment from June 10,1996 through this date, November 4,1996 was reasonable and necessary for the medical condition of the employee. I also conclude that treatment of a supportive nature, approximately 2 office visits monthly, over the next six months would be reasonable should exac-erbations occur.” Utilization Review, November 6,1996, at 4; R.R. at 37a.

Employer petitioned to modify, suspend or terminate Claimant’s benefits. The Workers’ Compensation Judge (WCJ) determined that Employer failed to establish that Claimant fully recovered from her work-related injury, but suspended Claimant’s benefits as of February 4,1997.

On April 27, 1998, Claimant petitioned to reinstate and alleged that total disability resumed as of March 10, 1998.2 Claimant also petitioned for medical treatment review and alleged that treatments of Dr. Bilott since June 1997, were reasonable and necessary and causally related to the work injury.

The WCJ reinstated Claimant’s benefits for a closed period from March 10, 1998, through October 4, 1998. ■ The WCJ ordered Employer to pay all reasonable and necessary medical bills causally related to the work injury. The WCJ concluded:

[Cjlaimant never presented an outstanding bill from Chiropractor Bilott and it is unclear from the record as to whether a Utilization Review Petition had been granted or not with regard to Chiropractor Bilott’s treatments on or after June of 1997. If in fact a Utilization Review Petition had been filed by the defendant [Employer] and was granted and not appealed then that is controlling. However, if no Utilization Review Petition had been filed or if it was denied then the defendant [Employer] must obviously continue to pay the reasonable and necessary medical bills of Chiropractor Bilott within the terms and provisions of the Act....

WCJ’s Decision, July 29, 1999, Conclusion of Law No. 2 at 8; R.R. at 9a.

Both parties appealed to the Workers’ Compensation Appeal Board (Board). Claimant contended that the WCJ erred because he did not order payment of Claimant’s outstanding chiropractic treatments. Employer contended that the WCJ erred when he determined that Claimant sustained a recurrence of the March 10, 1995, injury rather than a new injury. The Board affirmed the WCJ’s determination that the injury was a recurrence. With respect to Claimant’s appeal, the Board remanded for the parties to introduce into the record any prior utilization reviews, medical bills, and all other relevant evidence with respect to the review petition.

Employer petitioned for review with this Court and contended that the WCJ erred when he determined that Claimant sustained a recurrence of the original work-related injury in 1998. Employer also contended that the Board’s remand was in error. This Court affirmed. International Staple & Machine v. Workers’ Compensation Appeal Board (Snyder), Pa. [205]*205Cmwlth. No. 2282 C.D.2000, Füed April 17, 2001.

While the case was on remand to the WCJ, Employer petitioned to review medical treatment and/or billing, terminate or suspend and alleged that based on a physical examination of Claimant on August 7, 2001, the chiropractic care provided to Claimant by Dr. Bilott was no longer causally related or appropriate as a compensa-ble medical expense for the original work injury of March 10, 1995.3 The WCJ consolidated this petition with Claimant’s petition.

Before the WCJ, Claimant presented an itemized billing statement from Dr. Bilott for treatment from March 17, 1995, through November 9, 2001, with an outstanding balance in the amount of $81,120.00. Claimant also presented the affidavit of Dr. Bilott which indicated that Employer’s insurer denied payment for her treatments.4 Claimant also submitted a report from Dr. Bilott dated January 22, 2002, which indicated that she required continued care and that her symptoms were aggravated by her repetitive lifting at work.

Employer submitted into. evidence the two Utilization Review Determinations.5

I. The WCJ’s Decision Concerning Claimant’s Chiropractic Treatments.

The WCJ ordered Employer to pay the reasonable and necessary charges of Dr. Bilott for two visits a month from the date of the last payment in June of 1997, forward with interest at the rate of ten percent per annum on all deferred payments. The WCJ denied Employer’s petition. The WCJ found that the unappealed November 6, 1996, Utilization Review Determination controlled and provided for two monthly visits continuing into the future. The WCJ denied any billings by Dr. Bilott in excess of two visits per month after November 4, 1996. The WCJ determined that a utilization review may apply to prospective chiropractic care to the extent that Employer was obligated to pay for two chiropractic treatments per month into the future. However, the WCJ determined that Employer’s argument that it had no obligation to pay for any chiropractic treatment six months after the utilization was without merit because a utilization review “may not speculate that chiropractic care six months, a year or a year and a half into the future would no longer be needed.” WCJ’s Decision, April 15, 2002, Finding of Fact No. 15 at 6; R.R. at 77a. The WCJ also rejected Employer’s argument for the reason that the November 6, 1996, utilization review was unappealed, and the parties were bound by it.

II. The Board’s Decision Concerning Claimant’s Chiropractic Treatments.

Each party appealed to the Board. Employer appealed the WCJ’s determination [206]*206that Claimant’s chiropractic treatment was reasonable and necessary on a twice per month basis from June 1997. Employer also appealed the denial of its petition to review medical treatment and the WCJ’s determination that Employer was liable for the costs of Dr. Bilott’s January 22, 2002, report. Claimant appealed the WCJ’s determination that approved payment for only two treatments per month and not all of her chiropractic care.

The Board affirmed the denial of Employer’s petition to review medical treatment and the liability for the costs of Dr.

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857 A.2d 202, 2004 Pa. Commw. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-workers-compensation-appeal-board-pacommwct-2004.