Gerlemann v Mo Dept of Transportation
2017 MO WCLR Lexis 14
Feb. 7, 2017 (Carlisle)
Claimant was awarded partial disability for a neck injury sustained in a 2012 auto accident. The ALJ awarded partial disability but denied benefits for some medical bills after claimant was released and reimbursement for mileage.
On appeal, the Commission further awarded $7516 for diagnostic imaging and physical therapy. The employer offered evidence that the bills had been written off and adjusted.
The commission found the treatment in 2014 flowed from the accident in 2013 even though claimant had been medically released and was consistent with claimant's assertion that symptoms waxed and waned as a result of flare-ups.
The commission found a summary of the therapy visits sufficient without records of the individual visits in evidence.
The commission reversed the denial of medical bills and concluded the employer failed in its burden of proof to show that the personal liability for charges had been extinguished. The commission concluded that evidence of balances and adjustments from the bills alone were insufficient to show liability was extinguished. No testimony was offered from billing representatives. The Commission further concluded it was improper to consider write-offs as a result of other insurance contracts:
"In other words, where it appears write-offs or adjustments were a benefit of employee's personal insurance carrier having paid for compensable treatment, we cannot credit employer for same, as such would run directly contrary to the mandate under § 287.270 that we not even "consider" these sources in determining the compensation to which employee is entitled."
What went wrong with the mileage claim?
The ALJ noted:
"Claimant testified he used Google maps to determine the mileage. However, the basis for the mileage figures is unknown. Claimant did not offer testimony about how the miles were measured. The trip dates are unknown. Claimant did not identify the local or metropolitan area or the location of his principal place of employment.
For these reasons, I find Employer is not liable for mileage reimbursement."
