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9th Circuit Denies Rehearing for Lien-Activation Fee Challenge

  • State: California
  • Topic: Top
  • - Popular with: Insurance
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The U.S. 9th Circuit Court of Appeals has denied reconsideration of its prior finding that Californi…

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Anonymous Nov 3, 2016 a 2:58 pm PDT

This is a complete scam. Over 90% of the liens that need to be activated will never make there way to the WCAB. The DIR and our crook of a governor are screwing over so many medical providers. 10's of Millions of dollars will be collected and wasted as usual. It is sad and scarey to see this corruption and absolute onesided-ness from the DIR and the governor. You should all be ashamed and your agenda should be exposed. Absolutely disgraceful. Almost unbelievable.

WILLIAM YATTAW Nov 3, 2016 a 2:58 pm PDT

Did you really think that the matter would be re-heard after the findings that were presented the first time. The providers were lacking any real arguments to validate their case. If you read the case law that the providers you could see that there was no direct relevance.

Anonymous Nov 3, 2016 a 2:58 pm PDT

I agree, their pleadings stunk. The principles behind this taking of property is unfair. Something people forget is that a lot of physicians are under paid for authorized services and they have to file a lien for each of those under payments or they will fall out of time frames to collect. In an instance like that you are completely cheating them by charging them 100 more dollars to be entitled to the rest of the fee schedule on a particular service.

Gary Tobia Nov 3, 2016 a 2:58 pm PDT

Oh well the injured worker and providers take another hit - Glad my WC Case now falls under Federal Medical control (VA) - AND PER Signif Panel def has to pay all VA and NON VA expenses

Anonymous Nov 3, 2016 a 2:58 pm PDT

When was the last time CSIMS actually accomplished something on behalf of its members? I can't remember an instance in the last 10'plus years.

Steve Cattolica Nov 3, 2016 a 2:58 pm PDT

To anonymous – You may want to take a moment to read some of what CSIMS has accomplished. Click on https://csims.org/home/page_view/511 or paste to your web browser.

Steve Cattolica Nov 3, 2016 a 2:58 pm PDT

To anonymous – You may want to take a moment to read some of what CSIMS has accomplished.

Click on https://csims.org/home/page_view/511 or paste to your web browser.

Anonymous Nov 3, 2016 a 2:58 pm PDT

At this point there is no lien crisis. If there has to be a lien activation fee, it should be pay as you go, no deadline. The deadline imposes a huge fianancial hardship on many doctors, who simply can't come up with the staggering amounts of money needed. This is a powerplay to get doctors to give up what they are owed. Again, the insurance companies benefit and the individual loses. Thank you Governor Brown!

Kal Attar Nov 3, 2016 a 2:58 pm PDT

Workdoc I will give you the benefit of the doubt and presume that you are "one of the good ones". Sadly there are still lots of bad ones. Facilities that get a hand injury and send the claimant out to psyche, internal, neuro and pain docs withing their group when there is no legitimate basis for it. We all know who they are. Their bills are nonsensical and astronomical. I am still seeing claimants getting anywhere between 3-8 unnecessary MRI's on a regular basis. This needed to be stopped and some ground has been made. Now that we will no longer get the typical $5,000.00 copy shop bill that widespread abuse has been killed. I am hoping this is next. It took the really bad offenders creeping into Northern CA to do it but we are finally getting somewhere.

Anonymous Nov 3, 2016 a 2:58 pm PDT

Work Doc is exactly right. This should be just as it was in the original grace period. If you file a DOR or you appear at a hearing you need to activate and pay the lien fee. If you have a filed lien and you are able to work it out over the phone with no intervention at the WCAB, there is absolutely no logical fair reason for charging the fee.

Jeff D'Andre Nov 3, 2016 a 2:58 pm PDT

Tough break for all those over-treating abusers at the work comp trough slurping it down. Trough is running empty boys! The party is OVER. RAND says treatment in work comp is 2 to 3 times more than in the regular world. Welcome to the regular world.

Zachary Yarian Nov 3, 2016 a 2:58 pm PDT

It is interesting how the same crooks who overbill, provide excessive treatment, provide frivolous referrals are complaining that the Governor, DIR, District Court and the 9th Circuit are all crooks and corrupt.

Now the system will purge itself from millions of frivolous liens that drive up the costs of premiums that affect every consumer of products and services.

The honey moon of scamming the system is over and there is no more recourse for providers to continue their current practices.

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