Q: I treated a WC patient. He died before case settled. Lawyer involved. What am I entitled to regarding my bill?
This patient (Dan) died after being released from care. Attorney for patient said WC settlement is $4,000. My outstanding bill is $4,400
What are my rights and recourse in getting paid? Below is an email sent to me from the deceased patient's attorney.
With Dan deceased, Paul Peters, the worker's comp attorney who at one time was one of the
commissioners who decided cases, and is working this case - believes that our chances of getting anything at a contested arbitration are essentially zero.
He additionally advises that the pain and suffering and injury portion of the case died with Dan.
He was able to negotiate a $4,000 settlement from the insurance company - my sense is that this was a matter of collegial respect and courtesy to the family. There will be some money from that that will go in to the estate. My last conversation with Sean, Dan's oldest son is that they were going to apply that to medical bills. So I am hopeful that you will get some money back.
A:
There are no liens in Workers' Compensation but you are entitled to be paid by the estate.
You are mistaken on your facts. It is a legal fiction that "pain and suffering" DO NOT EXIST in Workers' Compensation. The most likely reason that the matter did not proceed to trial in an undisputed case is because it was not worth the attorney's effort. If you billed $4,400, the fee schedule was probably around $3,000. After trial, the attorney would have been entitled to a whopping $600 fee (20% x $3,000).
There is also a general unwritten rule that Workers's Compensation attorneys should not settle cases for less than the medical bills, with VERY rare exception. There are multiple additional variables that you do not provide.
Insurance adjusters - NOT attorneys or Arbitrators - are the final decision makers on what will be paid in a SETTLEMENT. Adjusters DO NOT pay more money by reason of "collegial respect and courtesy."
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