Millard v. ABCO Construction
Annotate this CaseClaimant-appellant Thomas Millard appealed the Idaho Industrial Commission’s (Commission) ruling that certain medical payments made by the Workers Compensation Fund of Utah on behalf of Millard were payable at the statutorily scheduled fee amounts rather than the full invoiced amounts. Millard argued that the Commission incorrectly applied the Idaho Supreme Court’s holding in "Neel v. Western Construction, Inc.," (206 P.3d 852 (2009)), by ruling that a surety may deny a claim then still be allowed to pay the medical fee schedule rate so long as the surety makes payment before the Commission issues a decision on compensability. Finding no reversible error in the Commission's decision, the Supreme Court affirmed.
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