ARLINE WIDROW, CLAIMANT-APPELLEE and STAMFORD HOSPITAL, MEDICAL PROVIDER v. CITY OF STAMFORD, EMPLOYER, RESPONDENT-APPELLANT

CASE NO. 808-CRD-7-89-1Workers’ Compensation Commission
MAY 24, 1990

The appeal in the above matter concerned issues between Stamford Hospital and the Respondent. 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.

The Stamford Hospital was represented by Griffith H. Trow, Esq., Burdett, Trow Sank, P.C.

The respondent was represented by George W. Waldron, Esq., and John Greiner, Esq., both of Murphy Beane.

This Petition for Review from the December 30, 1988 Finding and Award of the Commissioner for the Seventh District was decided pursuant to papers submitted for the February 2, 1990 hearing before the Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Paul Berte’ and Frank Verrilli.

OPINION

JOHN ARCUDI, CHAIRMAN.

The matter was heard below on stipulated facts. It concerns the appropriateness of hospital charges.

Claimant in the instant matter sustained a compensable injury on October 16, 1987 causing back symptoms and a punctured lung. As result he was confined to the Stamford Hospital [Hospital] from October 16, 1987 through October 19, 1987. The Hospital calculated its charges on the basis of Connecticut’s All Payor System, the so called Diagnostic Related Group [DRG] as provided in Sec. 19a-165 et seq. The DRG charges were $7,391.10. The Hospital’s billing rate on the basis of itemized charges would have been $2,529.11.

Respondents paid the latter amount, $2,529.11. The Hospital sought to be paid the DRG amount. The Seventh 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) 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 Seventh District.

Commissioners A. Paul Berte’ and Frank Verrilli concur.

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