I received chiropractic care to the point of “ad nauseam” (per my attorney). We have settled on an amount to close both of my BWC cases. The chiropractor’s office sent a letter to my attorney requesting that he “take into consideration the $35,000.00 of medical bills that are outstanding”. A change of diagnosis was being attempted through BWC and my attorney suggested we settle prior to this occurring, so I agreed.
This doctor continued to treat me knowing that workers comp was denying payment of treatment. If this goes to court how likely is a judge to side with the chiropractor’s office versus me? How likely is it that the doctor that was treating me during my injury (workers comp case) can sue and win all or a portion of my settlement? Should I decline to settle because I won’t really be gaining anything?
I would appreciate any information. Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
It is our policy not to interfere with the attorney-client relationship. Doing so would be legally inappropriate. We can make some general observations about your apparent dilemma…
Normally an attorney has a relationship with medical and chiropractic providers. Those relationships facilitate what are known as “LOP’s,” or Letters of Protection. Those letters are written agreements between the attorney and the provider wherein the provider withholds requesting compensation for the care provided until such time as the personal injury case is settled or resolved in court after trial.
What you really should know is whether your attorney did send the LOP’s to your chiropractor. If so, the chiropractor’s primary claim would be against the attorney and not you.
Regrettably sometimes some attorneys and care providers, especially chiropractors, have a tendency to run up really unconscionable bills. Those are sometime done to “pad” a personal injury case. It’s regrettable because these decisions result in clogging the court system and inflating the costs of insurance and other related consumer services.
Sit with your attorney and demand an explanation of the status of not only your case, but the relationship he has with the chiropractor. You have an absolute right to know.
Best of luck,
Learn more here: Denied Workers' Comp? What to Do
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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