News About the Law Offices of Daniel J. Siegel, LLC
Pa. Commonwealth Court Orders Revisions To Workers’ Compensation Utilization Process To Assure That All Impacted Entities Are Given A Due Process Right to Participate – Another Appellate Victory for Attorneys Daniel J. Siegel and Christa Frank High
In a decision requiring the Bureau of Workers’ Compensation to revise the entire Utilization Review process, the Commonwealth Court on December 12th ruled that entities such as pharmacies, testing facilities, etc. cannot be barred from payment without being provided notice and a right to participate:
… we hold that for UR procedures occurring after the date of this opinion where an employer, insurer, or an employee requests UR, a provider which is not a “health care provider” as defined in the Act, such as a pharmacy, testing facility or provider of medical supplies, must be afforded notice and an opportunity to establish a right to intervene under the usual standards for allowing intervention. Although this Court may not usurp the powers of the General Assembly and exceed the parameters of legislation pertaining to medical cost containment, it bears repeating that the polestar of Armour I is that the Act must be construed in accordance with due process of law.
A Huge Victory for a Small Firm Against an Insurance Goliath, Court Dismisses as Meritless All Claims Against Doctors, Pharmacies and Others
Insurance companies know that we will fight every case, in this case they learned that if they bring a meritless lawsuit, we will defend our clients until the case is dismissed.
In the case, Liberty Mutual v. 700 Pharmacy, insurance conglomerate Liberty Mutual Group filed a lawsuit seeking millions of dollars in damages against numerous physicians, pharmacists, pharmacies, and lay persons, alleging that they engaged in a fraudulent conspiracy to prescribe and dispense compounded pain creams. In reality, the insurance company was upset that these creams – a safe alternative to deadly and addictive opioids – were so expensive. We successfully refuted Liberty Mutual’s allegations, and as a result of the motion to dismiss that we filed, the court dismissed all of the insurance company’s claims, upholding the legality of our clients’ business model, and finding that our clients used appropriate prescribing procedures and did not inflate the pricing of the medications.
Small firms don’t handle multi-million dollar litigation like this. Despite being a small firm, our clients’ trust was well-placed and resulted in an important victory. Click here to read the opinion.
Another Commonwealth Court Victory By Attorney Dan Siegel Affirms That Medical Providers Have a Right to Payment Under the Pennsylvania Workers’ Compensation Act
The Commonwealth Court has affirmed on August 7, 2019 that insurance companies and their attorneys may not take actions that prevent medical providers from being paid for care for injured workers. The decision, in Workers First Pharmacy Services, LLC v. Bureau of Workers’ Compensation Fee Review Hearing Office (Cincinnati Insurance Co.), disallowed a procedure used by an insurer and its counsel intended to prevent a pharmacy not only from being paid, but also from having a hearing about its right to payment. “I am proud that this case, and others my office has handled, have expanded the rights of every medical professional in Pennsylvania. My firm’s recent cases have extended the rights of more injured persons and their medical providers than any other firm’s,” said Siegel, founder of the Law Offices of Daniel J. Siegel, LLC. He also credited attorneys Christa Frank High and Nicole A. Kratzer, who also handled the case. Click here to read the decision authored by President Judge Leavitt.
Attorney Dan Siegel Named “Best of the Bar”
The Philadelphia Business Journal has named Attorney Daniel J. Siegel a “Best of the Bar” Honoree in the area of Plaintiff Personal Injury. In addition to having great success with individual workers’ compensation and personal injury matters, Dan is being honored because of his numerous appellate victories over the past year, cases that have dramatically expanded the rights of injured workers and others.
Dan will receive his Award at a ceremony on Thursday, October 25th. He is one of only three personal injury attorneys being honored, and the only appellate lawyer being honored in this category.