No. 01668493 (1999). EMPLOYEE: Arthur J. Lee.

Case DateApril 28, 1999
CourtMassachusetts
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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