Osteopathic Physicians of Charlottesville, Ltd., etc. vs. Fluvanna Correctional Center, et al.

COURT OF APPEALS OF VIRGINIA
Present: Judges Alston, Chafin and Senior Judge Haley
OSTEOPATHIC PHYSICIANS OF
CHARLOTTESVILLE, LTD., T/A
OSTEOPATHIC PAIN MANAGEMENT
MEMORANDUM OPINION*
v. 	Record No. 0039-16-3 	PER CURIAM
MAY 24, 2016
FLUVANNA CORRECTIONAL CENTER AND
COMMONWEALTH OF VIRGINIA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Bradford M. Young; HammondTownsend, PLC, on briefs), for
appellant.
(Katharina Kreye Alcorn; Midkiff, Muncie & Ross, P.C., on brief),
for appellees.
Osteopathic Physicians of Charlottesville, Ltd., t/a Osteopathic Pain Management
(“OPM”), appeals a decision of the Workers’ Compensation Commission. The Commission
found that the prevailing community rate for medical services rendered by OPM showed that
Fluvanna Correctional Center and Commonwealth of Virginia (“employer”) owed OPM
$3,977.60, not $42,949.02 as claimed. OPM argues (1) the Commission erred by not requiring
employer to carry the burden of proving that the data upon which its expert relied was both
admissible and adequate for the formation of opinions regarding the prevailing community rate;
(2) the Commission erred in finding that there was an adequate foundation for the admission of
the data upon which employer’s expert relied in giving his opinions; (3) the Commission erred in
finding that the substance of the data upon which employer’s expert witness relied was adequate
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
UNPUBLISHED

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for the formation of opinions regarding the prevailing community rate notwithstanding (i) the
data’s express limitation to charges arising only in the context of private healthcare insurance
and (ii) credible evidence that some of the allegedly gross charges in the data had been reduced
by a claims clearinghouse; and (4) the Commission erred both in admitting and giving weight to
the testimony of employer’s expert witness.
We have reviewed the record and the Commission’s opinion and find that this appeal is
without merit. Accordingly, we affirm for the reasons stated by the Commission in its final
opinion. See Monroe v. Fluvanna Corr. Ctr., VWC File No. 2399579 (Dec. 16, 2015). We
dispense with oral argument and summarily affirm because the facts and legal contentions are
adequately presented in the materials before the Court and argument would not aid the decisional
process. See Code § 17.1-403; Rule 5A:27.
Affirmed.