The trial of Swisher v City of Moses Lake has been completed. The judge ordered Moses Lake to pay all bills approved by the Disability Board and awarded attorneys fees and costs to the plaintiff. Additionally, the court issued an injunction effective at the end of the thirty day appeal period. The injunction orders them to pay all future necessary medical expenses approved by the Disability Board. While always possible, an appeal is not expected.

The case did clarify that Disability Boards should classify approved medical bills as “medically necessary”. Since the board had not included that notation in their records, some trial time was spent establishing that that was the board’s intent.

Kudos to Joe Fischnaller for another job well done.

In fairness, the Coalition did fund this lawsuit.  It was the right thing to do and I supported that action when I was on the board.

As of November 23, 2009, Joe Fischnaller reports that the only thing outstanding on this is his motion for the award of attorney's fees.  While statuatory fees were awarded, Joe is attempting to recover the actual costs.  A hearing on this issue is pending.