Furnival State Machinery/Transamerica Insurance Group v. Workers' Compensation Appeal Board

LEADBETTER, Judge.

In this case, we are asked to determine whether a cost containment statute directed at workers’ compensation providers implicitly alters the Workers’ Compensation Act’s subrogation statute. We hold that it does not.

Claimant James Slye suffered a work-related injury on February 7, 1992, and subsequently required ankle replacement surgery. At the time, employer refused to pay for the surgery, claiming that it was not work related. Slye, not wishing to wait for a final determination, underwent the ankle replacement during the course of litigation, utilizing a separate…