News

January 10, 2024

Congratulations to Wiedner & McAuliffe Partner Paul Larimore in securing a favorable decision before the Missouri Court of Appeals on behalf of our client, Darden Restaurants, Inc. and third-party administrator Gallagher Bassett.

Claimant suffered a minor injury which was initially denied as being non-compensable under the Statue.  The employer/insurer later accepted the claim based upon appropriate investigation and paid for the medical treatment claimant received before the case was accepted.  Claimant’s attorney refused to settle, insisting that he was entitled to a fee on the provider’s charges for the medical treatment rendered before the case was accepted, even though those bills had already been paid.

Wiedner & McAuliffe represented the employer at trial, as well as both appeals. The Administrative Law Judge, Labor and Industrial Relations Commission, and Western District Court of Appeals each affirmed that the employer’s action in accepting the case as compensable, and voluntarily paying the formerly disputed bills that had arisen, was lawful under the Statute.   The Court of Appeals further affirmed Missouri Supreme Court precedent that the employee is not entitled to a windfall award of disputed medical bills if it is shown that the providers made any adjustments to the bills for their own purposes and that employee was not personally liable for the bills.

Congratulations to Paul, and our client, for the successful defense of this claim!

If you have any questions on this decision, please contact Wiedner and McAuliffe by email or phone at 312-855-1105.