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Failure to Pay for Approved Treatment

In a recent case handled by a partner in our law firm, the Workers’ Compensation Commission awarded penalties and attorney’s fees against an employer for failing to pay for medical treatment that had been approved by their insurance company prior to treatment.  The Commission found that it was “vexatious and unreasonable to authorize care and then fail to pay for it.”

This is an important case because employers and/or insurance companies will often pre-approve recommended medical treatment.  The Commission has now found that by approving the treatment the insurance company has an obligation to pay for this treatment.

If you have any questions regarding this subject, please call us.