Roanoke Ambulatory Surgery Ctr. v. Bimbo Bakeries USA Inc. (P)

When does the statute of limitations bar a health care provider from submitting a claim to the Workers’ Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant pursuant to Code § 65.2-605.1?

If the employer denied or contested payment for any portion of the health care services, the health care provider may file a claim with the commission within one year of the date on which the relevant medical award becomes final. Code § 65.2-605.1(F)(ii) applies here because the insured employer, by its express statement objecting to further payment, did deny or contest payment for any portion of the health care service provided, and the health care provider filed its claim within one year of the commission’s award to the injured claimant.

Reversed and remanded for entry of an award of $27,281.09 for the balance of the health care provider’s unpaid charges, in addition to interest at the judgment rate.

Roanoke Ambulatory Surgery Ctr. v. Bimbo Bakeries USA Inc. (P), No. 1055-18-2, Jan. 29, 2019. CAV (Beales) from VWCC.



Categories: Court of Appeals of Virginia, Opinions, Published

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