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Harburg Medical Sales Company v. Bureau of Workers' Compensation

Order dismissing provider's application for fee review reversed because the Hearing Officer erred when she determined that provider's second application for fee review was untimely.

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Submitted: June 1, 2001

Harburg Medical Sales Company (Provider) petitions for review of a January 18, 2001 decision and order of the Department of Labor and Industry (Department), Bureau of Workers’ Compensation Fee Review Hearing Officer. The Hearing Officer denied and dismissed Provider’s Application for Fee Review after finding that the application was untimely filed pursuant to Section 306(f.1)(5) of the Workers’ Compensation Act (Act) *fn1 and Section 127.252 of the Department’s cost containment regulations. *fn2

According to a prescription dated January 10, 1997, John Aaron, M.D. of the Nelson Medical Group, prescribed an electric muscle stimulator (EMS) for Kevin Jolly (Claimant). Provider supplied the durable medical equipment or EMS to Claimant on August 6, 1997. Provider submitted a bill to PMA Insurance (Insurer) for the EMS. On March 4, 1998, Provider received Insurer’s explanation of benefits denying payment on the basis that the service was not documented in the records received.

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