Untimely subpoena blocks admission of uncertified medical records, bills
The Illinois Workers' Compensation Commission affirmed the arbitrator's decision denying benefits to a claimant for an alleged disability. The arbitrator correctly refused to admit into evidence the claimant's uncertified medical records and bills.
Case name: Remer v. Yellow Check Cab Co. d/b/a Lincoln Cab 17ILWCLB 59 (Ill.W.C.Comm.2009)
Remer appealed the arbitrator's decision which found, amnog other things, that Remer's medical records and bills were not admissible. The medical records Remer sought to admit into evidence were not certified by the providers. Unless the parties stipulate to the admission of uncertified medical records, they are not admissible. Section 16 of the Illinois Workers' Compensation Act provides that there shall be a rebuttable presumption that any medical records, reports and bills receeived in response to an Illinois Workers' Compensation Commission subpoena are certified as true and correct. In this case, Remer had uncertified medical records and bills and subsequently sent supboenas to the providers. Remer then claimed the rebuttable presumption because he sent those subpoenas. The Commission found that Remer failed to prove the medical records and bills were received in response to the Commission subpoenas, and therefore, there was not rebuttable presumption that the records were true and correct.
Accordingly, the arbitrator correctly refused to admit the medical records and bills. Also, the arbitrator correctly found that without the medical records and bills in evidence, there wa sno basis to find causal connection, extent of temporary total disaiblity, medical expenses, or permanency.
