89-3878 (1993). SON HAENG HAH VS. UNIMETRIC CORPORATION.

• Court: Rhode Island

Rhode Island Worker Compensation January 1989 - December 1993. 89-3878 (1993). SON HAENG HAH VS. UNIMETRIC CORPORATION Term: January 1989 - December 1993W.C.C. 89-3878SON HAENG HAH VS. UNIMETRIC CORPORATIONSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. WORKERS' COMPENSATION COURT APPELLATE DIVISION DECISION OF THE APPELLATE DIVISION GILROY, J.The employer appeals from a trial court decree which ordered the employer to pay Two Hundred Sixty-five and 23/100 ($265.23) Dollars for health spa services, alleging that it was not established at trial that said cost was fair and reasonable. We sustain the appeal. Rhode Island law requires that evidence of the reasonableness of charges is required before recovery can be had for the costs of medical services. Gray v. Kagan, 90 R.I. 398, 158 A.2d 572, Peloquin v. ITT General Controls, Inc., 104 R.I. 257, 243 A.2d 754. The resonableness of the charge is a part of the employee's prima facie case. In the present case the employee failed to introduce evidence as to the reasonableness of the health spa bill of Two hundred Sixty-five and 23/100 ($265.23) Dollars. A stipulation the parties entered into does not prove the reasonableness of the health spa bill. It only proves that the carrier offered to pay for a membership to the YMCA, which is unrelated to the health spa. The Trial Judge erroneously inferred that the stipulation was to the reasonableness of the health spa bill. The appeal is sustained. A new decree shall enter as follows: 1. That the petitioner has failed to prove that the...