An operating center's claim for payment for two operations it performed on an injured worker was not timed, according to the Virginia Court of Appeal.
In Roanoke Ambulatory Surgery Center Against Bimbo Bakeries USA Inc., the Court of Appeal in Richmond, Virginia, on Tuesday turned a decision of the State Employment Compensation Commission that the Roanoke Ambulatory Surgery Center in Roanoke, Virginia, failed to submit his claim for full compensation of two shaft rotator cuff operations It was carried out on a damaged worker within one year's limitation limitation.
The worker injured his right shoulder during his work at Bimbo Bakeries, based in Horsham Township, Pennsylvania. On April 29, 201
On June 27, 2016, the employee made a claim to the Virginia Workers Compensation Commission for benefits related to his injury. On July 28, 2017, the Commission approved an agreement between the employee and Bimbo Bakeries, which gave him lifetime benefits for treating his shoulder rotor cuff injury.
On September 1, 2017, the operating center left a claim with the Commission requesting full payment for the medical services it provided. The Deputy Commissioner found that the operation center's claim was not timed and that Bimbo Bakeries did not point out any evidence to confirm the operation center's evidence that the fees were reasonable and necessary. She allocated the operating center the balance of her accusations from both operations, which amounted to $ 27,281.09.
Bimbo Bakeries sought a Commission investigation, which reversed the award to the operation and claims that its claim was timed. The operation center appealed the decision.
The operation center claimed that the Charter contains two separate statutes of limitation and allowed its claim to have been understood in the first part, under which the claim must be filed within one year of the date of the last payment received by the healthcare provider, but claimed that it made its claim within the time limits of the second part of the Charter.
The appeal court noted that the second part contains the language "if the employer denied or questioned payment for any part of the health service", then the application must be submitted one year from the date on which the final medical award to the injured applicant was issued. After the Commission granted the award to the employee on July 28, 2017, the Court found that the Operations Center's claim of 1 September 2017 was "easy within the one-year deadline" of the second part of the law.
The Court claimed that the Commission was wrongly a legal issue in its interpretation of the Charter and reversed the decision, allocating the operation center the balance between the unpaid fees and the interest rate.
Roanoke Ambulatory Surgery Center refused to comment. Bimbo Bakeries did not respond to a request for comment.