Chesterfield Spine Center v Best Buy Company, XL Ins. America
Date of Release: Jan 12, 2021 (April 2013 accident)
Venue: Western District
Plot Summary: Court affirms a finding that medical provider's fee dispute was time barred and finds multiple constitutional challenges to the medical fee dispute statute and state rule without merit in a 7-points of appeal.
Employer authorized services but cut the bill about $75,000 for orthopedic after a bill review from Fairpay. The ALJ found the dispute was time barred when partial payment and notice was provided by June 2016 and an application was filed in August 2017.
Section 287.140 has a 1 year statute after first notice of the dispute. The Court found there was notice provided of the dispute. The court rejects the constitutional argument by the colorable assertion that the time for filing disputes is governed by the date of accident. In this case the accident was 2013, the effective date of the statute was January 2014, and the medical bills in question occurred in 2015 and there was no retrospective application of the law between the provider and the carrier. The court rejected other constitutional challenges.
WD 83757
