Opinion
CASE NO. 975-CRD-8-90-2
FEBRUARY 7, 1991
The appeal in the above matter concerned issues between Lawrence Memorial Hospital and the Respondents. Therefore, no appearance on behalf of the claimant was necessary. Further, by agreement of the parties before the Compensation Review Division, it was agreed that the matter would be decided on the basis of briefs submitted and oral argument was waived.
Lawrence Memorial Hospital was represented by Thomas J. Riley Esq., Dupont, Tobin, Levin, Carberry O'Malley, P.C.
The respondent was represented by David D. Chapman, Esq., Law Offices of Larry H. Lewis.
This Petition for Review from the January 25, 1990 Finding and Award of the Commissioner for the Second District was heard January 25, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew P. Denuzze, and Michael S. Sherman.
OPINION
This matter concerns the appropriateness of hospital charges. Claimant suffered a compensable injury February 5, 1988. As a result she was furnished medical services by Lawrence Memorial Hospital. The Hospital calculated its charges based on Connecticut's All Payor System, the so called Diagnostic Related Group [DRG] as provided by Sec. 19a-165 et seq., first effective in the fiscal year commencing in 1986. The DRG rate charge was $15,372.20. The itemized charges were $2,672.45.
Respondents paid the itemized charges, i.e. $2,672.45. The Hospital sought the DRG amount. The Second District agreed with the Hospital.
Tanner v. Walgren Tree Experts, 8 Conn. Workers Comp. Rev. Op. 16, 748 CRD-8-88-7 (1990) is directly on point. In Tanner, we held the appropriate amount was the DRG charge pursuant to Sec. 19a-165f. Consequently Tanner is dispositive of the issue here raised. However, for the record we note that the respondents herein have raised various constitutional issues in relation to Sec. 19a-165 et. seq. As we have noted on various other occasions we lack the plenary authority to decide such issues. See Caldor, Inc. v. Thorton, 191 Conn. 336 (1983) cert granted Estate of Thorton v. Caldor, Inc., 465 U.S. 1078 (1984) aff'd 472 U.S. 703 (1985); Trantolo v. Trantolo Trantolo P.C., 8 Conn. Workers' Comp. Rev. Op. 69, 823 CRD-6-89-2 (1990) (citations omitted).
Therefore, for all the reasons set out in Tanner, we affirm the Eight District and dismiss the appeal.
Commissioners Andrew P. Denuzze and Michael S. Sherman concur.