Department of Labor & Industries v. Kantor

— This case requires us to construe RCW 51.48.260, which allows the Department of Labor and Industries (L&I) to recover “any excess payments” it has made to a health care provider. We hold that the term “excess payments” includes payments that L&I previously made for services that were not “medically necessary.” We further hold that the statute authorizes L&I to suspend a health care provider’s eligibility to treat covered workers and to condition reinstatement upon successful completion of continuing medical education courses.

FACTS

Stanley Kantor, D.O., was the subject of an L&I audit. L&I…