On December 6, 2011 the NC Court of Appeals issued a decision that makes it harder to get attendant care paid for after the services are rendered. In Mehaffey v. Burger King, COA 10-1421, the Court held in a 3-0 decision that an injured worker must get “pre-approval” for attendant care services in order to require the insurance carrier to pay for those services. Retroactive payment for services rendered was rejected by the Court.
This decision seems to be inconsistent with prior decisions of our appellate courts, so further proceedings are likely. But for now, if you need attendant care, you need to seek authorization from the Industrial Commission by motion or hearing request immediately when the treating doctor first recommends attendant care. Otherwise you may not be compensated for those services.
Here at the Bollinger Law Firm we can help you if you need attendant care services. Contact us for a free consultation.