BURGE v. TOWN OF STONINGTON, 1042-CRD-2-90-6 (6-29-90)


CRAIG BURGE, CLAIMANT-APPELLEE and LAWRENCE MEMORIAL HOSPITAL MEDICAL PROVIDER v. TOWN OF STONINGTON, EMPLOYER and FRANK B. HALL RISK MANAGEMENT, INSURER, RESPONDENTS-APPELLANTS

CASE NO. 1042-CRD-2-90-6Workers’ Compensation Commission
JUNE 29, 1990

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.

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

The respondent was represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick.

This Petition for Review from the June 11, 1990 Finding and Award of the Commissioner for the Second District was heard June 29, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Thomas White, Jr., and James Metro.

OPINION

JOHN ARCUDI, CHAIRMAN.

This matter concerns the appropriateness of hospital charges. Claimant suffered a compensable injury August 21, 1987. As a result he was 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 1986 fiscal year. The DRG charges were $7,207.55. The itemized charges rate was $3,799.74.

Respondents paid the itemized charges, i.e. $3,799.74. The Hospital sought the DRG amount. The Second District agreed with the Hospital.

Tanner v. Walgren Tree Experts, 748 CRD-8-88-7 (decided January 17, 1990) appeal docketed, No. A.C. 8865 (Conn.App. Feb. 2, 1990) transferred to Supreme Court, No. 13996 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. Therefore, for all the reasons there set out, we affirm the Second District.

Commissioners A. Thomas White, Jr., and James Metro concur.