Workers’ Compensation · Primary-source case analysis

Kunz: A Surgery Center Must Prove Its Fee Is Reasonable

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Kunz v. Patterson Floor Covering examined proof, objections, and fee standards for an outpatient surgery-center lien.

The lien claimant carried the burden

The provider had to establish both the compensable basis for its claim and the reasonableness of the amount sought.

A bill was not self-proving

The amount charged did not establish the amount reasonably payable, even without affirmative rebuttal evidence.

Fee-schedule coverage depended on the service

The Board distinguished physician services covered by the official schedule from the facility fee at issue.

Reasonableness could be shown with market evidence

Relevant proof included amounts the provider and comparable facilities actually accepted, including negotiated non-workers' compensation rates.

Key takeaways

• Obtain evidence of accepted fees, not merely billed charges.
• Identify which services fall within the official fee schedule.
• Test whether statutory billing prerequisites were satisfied.
• Build a record that supports or rebuts the claimed facility amount.