No. 01668493 (1999). EMPLOYEE: Arthur J. Lee.
Case Date | April 28, 1999 |
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 01668493 (1999).
EMPLOYEE: Arthur J. Lee
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Arthur J. Lee
THIRD PARTY CLAIMANT: Massachusetts General HospitalEMPLOYER: Lynn Plastics Corp. INSURER: Liberty Mutual
Insurance Co.BOARD NO.
01668493REVIEWING BOARD DECISION (Judges Smith, McCarthy and
Wilson)APPEARANCES
Bernard T. Loughran, Jr., Esq., for the third party at hearing
Roger J. Donahue, Jr., Esq., for the employee on brief
Jean M. Shea, Esq., for the insurer
SMITH, J. The employee appeals from the
decision of an administrative judge denying and dismissing a third party claim
for payment of an outstanding medical bill. The employee argues that
entitlement to payment was established by a hearing decision containing a
generic award of reasonable and adequate medical treatment. Because the prior
decision did not specifically address the disputed medical services, we
conclude that it did not preclude the insurer from challenging their causal
connection to the established work injury. We therefore affirm the decision of
the administrative judge.
Massachusetts General Hospital (MGH) filed this third party claim
seeking payment of its medical bill totaling $33,592.13. A copy of the claim
was sent to the employee's attorney. (Letter dated February 28, 1996 from
Loughran to Liberty Mutual.) The insurer denied payment, and the case proceeded
from conciliation to conference. It appears that only the insurer and MGH
participated in the § 10A conference, which resulted in an order for
payment of the disputed bill. The insurer appealed the conference order and the
matter then went to a § 11 hearing. Only MGH and the insurer appeared at
the hearing held on July 17, 1997. 1
At hearing, MGH and the insurer submitted the case to the judge
for decision based upon the following stipulated facts: Arthur Lee suffered a
work-related myocardial infarction on or about May 18, 1993. Following his
myocardial infarction, he underwent coronary bypass surgery at MGH and was
admitted there for that treatment from May 26, 1993 through June 8, 1993. Lee
filed a claim and was awarded weekly compensation and medical benefits for a
closed period from May 18, 1993 to September 10, 1993. The decision making this
award did not specifically address the issue of payment to MGH...
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