Bild v. Independent Sch. Dist. #625, 042399 MNWC,

• Case Date: April 23, 1999
• Court: Minnesota

BETTY J. BILD, Employee, v. INDEPENDENT SCH. DIST. #625, SELF-INSURED/PREFERRED WORKS, Employer/Appellant. Minnesota Workers Compensation Workers' Compensation Court of Appeals April 23, 1999          HEADNOTES          PRACTICE & PROCEDURE; JURISDICTION - SUBJECT MATTER; STATUTES CONSTRUED - MINN. STAT. § 176.106, SUBD. 7. The commissioner is not empowered to act as a fact finder and an administrative conference is not intended to be a forum for the adjudication of disputed questions of fact. Absent an evidentiary hearing and a record, the Workers' Compensation Court of Appeals is unable to review the factual issues raised on appeal or decide whether the commissioner had jurisdiction to render a final decision in this case. Therefore, the matter must be referred to the Office of Administrative Hearings to schedule a formal hearing before a compensation judge.          Referred to Office of Administrative Hearings.           Determined by Wilson, J., Hefte, J., and Wheeler, C.J.           Compensation Judge: Jacob E. Forsman           OPINION           STEVEN D. WHEELER, Judge          The self-insured employer appeals from an Order on Commissioner's Review of a Medical Dispute Under $1,500.00. We refer the case to the Office of Administrative Hearings for formal hearing.          BACKGROUND          On October 31, 1988 and April 30, 1990, the employee, Betty J. Bild, sustained admitted personal injuries to the low back arising out of and in the course of her employment for the self-insured employer, Independent School District #625. The employer paid various benefits including wage loss benefits and medical expenses for various periods. Among the medical treatment provided to the employee were six courses of physical therapy with four different physical therapy providers as of December 14, 1993. (Judgment Roll: 2/7/94 Findings & Order: Findings 3, 6.)          On February 23, 1998 the employee filed a Request for Certification of Dispute seeking approval for payment of medical bills for further physical therapy at HealthSouth apparently rendered during 1997. The employer responded on March 23, 1998, refusing to pay charges associated with this treatment. The employer explained its refusal as follows:

The employee has received numerous courses of physical therapy in the past with only partial relief of her symptoms. At the time of the hearing before Judge Dallner on December 14, 1993, she made a finding that the Employee had undergone six courses of physical therapy with four different physical therapy providers with only partial

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