Board’s decision requiring appellant to pay for medical treatments was proper

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Robert Young, doing business as Bob Young Logging (“BYL”), appeals from a decision of the full Worker’s Compensation Board (“the Board”) affirming the single hearing officer’s decision that Glen Marling is entitled to reimbursement for certain medical treatments he received after an injury arising out of and in the course of his employment with BYL. Specifically, BYL argues that the Board’s decision is erroneous because Marling is not entitled to reimbursement under the Indiana Worker’s Compensation Act (the Act) because the treatments were unauthorized and the findings of fact and conclusions of law are insufficient to support the conclusion that Marling is entitled to reimbursement for these treatments.

Conclusion (slip op. at 2): Because we find that the medical treatments were authorized by a physician chosen by BYL’s insurance carrier and that the Board’s findings of fact and conclusions of law are sufficient to support the award, we affirm.

Key Analysis (slip op. at 11, 13, 15): We find that the Insurer’s unilateral decision to stop paying for Dr. Tiwari’s medical treatments after it had chosen him as an authorized provider did not transform him from an authorized to an unauthorized physician, especially in light of the policies underlying the Act. Thus, Marling was not required to prove that his case met one of the exceptions contained in Indiana Code § 22-3-3-4(d) . . . We conclude that the record contains sufficient evidence for the Board to have reasonably concluded that the pain treatments were necessary within the meaning of the statute . . . As a result, the Board’s decision requiring BYL to pay for the medical treatments was proper.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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