WCPanelIQ
PanelIBRGranted in Part

Kenneth Hoadley — ADJ8117286

KENNETH HOADLEY, Applicant vs. AMERICAN AIRLINES; NEW HAMPSHIRE INSURANCE COMPANY, Defendants

ADJ number
ADJ8117286
Decision date
Apr 6, 2021
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick CMS, Inc. (administering for New Hampshire Insurance Company)
Commissioners
—

Injury / body parts: left knee

LC §4600LC §4603.2LC §4603.3LC §4603.4LC §4603.6LC §5307.1LC §5307.11LC §5401LC §3751CCR §9789.12.4

Summary

Applicant Kenneth Hoadley sustained an industrial left knee injury on November 2, 2011, and defendant authorized a surgery performed by non-MPN surgeon Dr. Stone on April 28, 2016. Because applicant resided in Oregon, defendant arranged travel, but on the day of surgery applicant was told he had to pay out of pocket and ultimately charged $17,263 to his credit card. The WCJ found applicant entitled to reimbursement in excess of the OMFS (totaling $20,049.35 including $18,353.49 for the surgery) reasoning defendant failed to make payment arrangements with the surgeon before surgery. The Appeals Board granted reconsideration and held that reimbursement for self-procured medical treatment is limited to the amount allowed under the Official Medical Fee Schedule, regardless of whether an applicant or a provider seeks reimbursement. The Board amended the Findings and Award and remanded to the trial level for the WCJ to determine the amount due under the OMFS.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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