Fredericksburg Orthopaedic Associates v. Fredericksburg Machine & Steel, LLC

The majority holds that the medical provider “failed to offer any evidence supporting its assertion that in this particular case the medical charges, with the added 40% surcharge, were reasonable and necessary.” To that end, the majority concludes the commission did not err in finding that the medical provider’s treatment bills, including a 40% surcharge solely because employee was a workers’ compensation patient, were not prima facie evidence that the medical bills were reasonable and necessary. Because I believe this holding improperly shifts the burden of proving the reasonableness of the…