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Twin Resources, LLC v. Bobby Workman; Dr. David L. Weinsweig

February 22, 2013

TWIN RESOURCES, LLC
APPELLANT
v.
BOBBY WORKMAN; DR. DAVID L. WEINSWEIG;
HON. J. LANDON OVERFIELD,
CHIEF ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
APPELLEES



PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. WC-05-00744

The opinion of the court was delivered by: Moore, Judge:

RENDERED: FEBRUARY 22, 2013; 10:00 A.M.

TO BE PUBLISHED

OPINION

AFFIRMING

BEFORE: KELLER, LAMBERT, AND MOORE, JUDGES.

The issue presented in this case is whether, under the circumstances, a Chief Administrative Law Judge (CALJ) was authorized to enter an order resolving a post-award medical fee dispute that appellant Twin Resources, LLC, filed against appellee Bobby Workman. Finding that the CALJ acted in excess of his statutory and regulatory authority in doing so, the Workers' Compensation Board vacated the CALJ's order and remanded. Finding no error, we affirm.

The pertinent facts are largely reflected on the faces of two orders that the CALJ entered in this matter. The first order, dated September 28, 2011, provides:

This matter comes before the undersigned Chief Administrative Law Judge (CALJ) upon the Frankfort Motion Docket for consideration of a motion to reopen and Form 112, medical fee dispute. Therein, the Defendant Employer [Twin] is seeking to reopen Plaintiff's [Workman's] claim to resolve a dispute regarding the compensability of [Workman's] medical treatment, specifically treatment rendered or to be rendered by David Weinsweig, M.D. Therefore, being otherwise duly and sufficiently advised, IT IS HEREBY ORDERED as follows:

1. David Weinsweig, M.D. is JOINED as a party to this medical fee dispute in order to have the opportunity to present proof regarding the compensability of the contested medical expenses or proposed procedure.

2. [Twin] has made a prima facie showing for reopening and the motion to reopen is SUSTAINED and the claim is assigned to the CALJ.

3. Proof taking for all parties shall commence as of the date of this notice and shall extend for fifteen (15) days, followed by thirty (30) days for [Workman] and Dr. Weinsweig only, and fifteen (15) days thereafter for rebuttal by [Twin]. . . .

4. If no evidence is filed by Plaintiff or Dr. Weinsweig this matter may be submitted on the record to the CALJ and may result in this dispute being resolved based ...


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