IRVINE v. GROTON BOARD OF EDUCATION, 1108 CRD-2-90-9 (2-7-91)


BEVERLY IRVINE, CLAIMANT-APPELLEE and LAWRENCE MEMORIAL HOSPITAL MEDICAL PROVIDER v. GROTON BOARD OF EDUCATION EMPLOYER, and FRANK B. HALL RISK MANAGEMENT, INSURER, RESPONDENT-APPELLANTS

CASE NO. 1108 CRD-2-90-9Workers’ Compensation Commission
FEBRUARY 7, 1991

The appeal in the above matter concerned issues between Lawrence
Memorial Hospital and the Respondents. Therefore, no appearance on behalf of the claimant was necessary. Further, by agreement of the parties before the Compensation Review Division, it was agreed that the matter would be decided on the basis of briefs submitted and oral argument was waived.

Lawrence Memorial Hospital was represented by Thomas J. Riley, Esq., Dupont, Tobin, Levin, Carberry O’Malley.

The respondent was represented by Brian E. Prindle, Esq.

This Petition for Review from the August 30, 1990 Finding and Award of the Commissioner for the Second District was heard January 25, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew P. Denuzze, and Michael S. Sherman.

OPINION

JOHN ARCUDI, CHAIRMAN.

This matter concerns the appropriateness of hospital charges. Claimant suffered a compensable injury October furnished medical services by Lawrence Memorial Hospital. The Hospital calculated its charges based on Connecticut’s All Payor System, the so called Diagnostic Related Group [DRG] as provided by Sec. 19a-165 et. seq., first effective in the fiscal year commencing in 1986. The DRG rate charge was $7,992.95. The itemized charges were $5,562.52

Respondents paid the itemized charges, i.e. $5,562.52. The Hospital sought the DRG amount. The Second District agreed with the Hospital.

Tanner v. Walgren Tree Experts, 8 Conn. Workers Comp. Rev. Op. 16, 748 CRD-8-88-7
(1990) is directly on point. In Tanner, we held the appropriate amount was the DRG charge pursuant to Sec. 19a-165f. Consequently Tanner is dispositive of the issue here raised. We affirm the Second District and dismiss the appeal.

Commissioners Andrew P. Denuzze and Michael S. Sherman concur.