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payment of medical bills with settlement funds
#1
Hi,

I signed my settlement agreement a few months back and it just got approved by the arbitrator and the settlement check was sent to my attorney.

I have pending medical bills that were not paid prior to settlement. The settlement contract states that part of the settlement amount is based on these debts being paid with the settlement funds and relieving the WC carrier of this responsibility. I understand all of that.

While undergoing medical treatment for the injury, my attorney sent "letters of protection" to the medical providers stating "our firm's assurance that all fees for reasonable and necessary services rendered in relation to the above incident shall be protected. Such fees shall be paid out of proceeds recovered by our client and shall become due and payable upon resolution by settlement or satisfaction of judgement." The attorney himself signed the documents, not me.

Now, the attorney wants to send the medical providers money to satisfy the debt from the settlement.

Since I did not personally sign the documents, am I responsible for payment? Did he screw up and personally guarantee the payment?

I'm trying to avoid paying these medical bills if the attorney is responsible based on him signing the agreement and not myself.

Also, the attorney sent me a "case summary" document that basically says that I understand that he will be paying these debts with the settlement funds. He refuses to send me the settlement check until I sign this document. Is that legal?

Thank you!
 
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#2
(09-26-2012, 01:40 PM)flyin89t Wrote: Hi,

I signed my settlement agreement a few months back and it just got approved by the arbitrator and the settlement check was sent to my attorney.

I have pending medical bills that were not paid prior to settlement. The settlement contract states that part of the settlement amount is based on these debts being paid with the settlement funds and relieving the WC carrier of this responsibility. I understand all of that.

While undergoing medical treatment for the injury, my attorney sent "letters of protection" to the medical providers stating "our firm's assurance that all fees for reasonable and necessary services rendered in relation to the above incident shall be protected. Such fees shall be paid out of proceeds recovered by our client and shall become due and payable upon resolution by settlement or satisfaction of judgement." The attorney himself signed the documents, not me.

Now, the attorney wants to send the medical providers money to satisfy the debt from the settlement.

Since I did not personally sign the documents, am I responsible for payment? Did he screw up and personally guarantee the payment?

I'm trying to avoid paying these medical bills if the attorney is responsible based on him signing the agreement and not myself.

Also, the attorney sent me a "case summary" document that basically says that I understand that he will be paying these debts with the settlement funds. He refuses to send me the settlement check until I sign this document. Is that legal?

Thank you!

yes.
as your legal representative your atty has the authority to act for you in your work comp matters including agreements with medical providers.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Can I request the settlement amount in full and handle the reimbursement of medical bills myself? I would probably hold the money in a safe investment and gamble that they don't come after me for the money.
 
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#4
no you cant,he is doing the legal and morally right thing, suck it up
no you cant,he is doing the legal and morally right thing, suck it up
........I love cats, I just cant eat a whole one by myself......







 
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#5
(09-26-2012, 02:14 PM)flyin89t Wrote: Can I request the settlement amount in full and handle the reimbursement of medical bills myself? I would probably hold the money in a safe investment and gamble that they don't come after me for the money.

Yes you can request it but the atty is not required to comply.
He is required to fullfill his commitment to the providers.

You might look for another atty to represent you in your attempt to get your settlement released but you might have difficulty in finding one that will trust you as a client.
Best to look for one that has ripped off their clients in the past-they are more likely to be sympathetic to what you are trying to do. Your state bar has a list of attys with disciplinary actions against them for you to pick from.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
1171, LOL
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#7
Damn 1171 we agree on something break out the party hats
........I love cats, I just cant eat a whole one by myself......







 
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#8
I thought it was assumed that I understood the attorney was going to get his payment before I received mine from the settlement. Is that what you mean? I meant the payments to the medical providers.
 
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#9
To answer the question directly. NO.

The laws, rules and regulations that are in place will not allow an injured worker to collect monies that are owed for medical care.

Please excuse my first post. 1171 is very knowledgeable in the area of WC. Not only knowledgeable, but very factual when it comes to posting on the forum. He/she is one of the few that we all go to when we can not find out what we are looking for. It is very rare, but every now and then he/she will post something that is humurous in his/her own way.

Anyway, as I stated earlier, the direct answer is no.

PS. welcome to the forum.

I am sorry to see you here. For if you are here, that means that you were injured. I will also tell you that you can find a wealth of information. There are a great many people here that are willing to share thier stories and experiences with WC and try and point everyone in the right direction. Please do not hesitate to ask a question.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#10
Oh heck, if it were only that easy.... What is this world coming to, You may have not signed the agreement with the medical providers but you sure signed the one where your attorney is representing you...

I know this first hand because I to signed a similar agreement between medical provider and attorney... You wont see a dime unless you sign, its your attorneys reputation in balance...
 
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