Decision  Stephen Cicerano v. Torello Painting Co.

Date:	06/25/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 008072-90
Location:	Boston

• Employee: Stephen Cicerano
• Third-party Claimant: Home Parenteral Care, Inc.
• Insurer: Preferred Mutual Insurance Co.

COSTIGAN, J. Of the several issues raised by the insurer on appeal from a judge's decision awarding medical benefits under G. L. c. 152, §§ 13 and 30, we consider only one as having merit: whether the administrative judge committed error of law by ordering payment to the third party medical provider, Home Parenteral Care, Inc., in excess of rates of reimbursement established by the Massachusetts Division of Health Care Finance and Policy, under the provisions of c. 118G.² We agree with the insurer that the decision, as to this issue, may be contrary to law, and therefore recommit the case for further findings. We summarily affirm the decision as to all other issues argued by the insurer.

 

 

 

² The insurer frames this issue as whether the judge erred in ordering payment above and beyond the rate set by the Massachusetts Rate Setting Commission under the provisions of G. L. c. 6A, § 32(4), as provided in § 13 of c. 152. (Insurer brief, 6, 7-10.) However, the medical services at issue here were provided from December 2000 through March 2002, well after the 1996 amendment to § 13(1) which substituted "division of health care finance and policy under the provisions of chapter one hundred and eighteen G," for "rate setting commission under the provisions of chapter six A." St. 1996, c. 204, § 36.