Pennsylvania Workers’ Compensation Settlements Cannot Bar Medical Provider From Being Paid Without Notice
In a precedential decision that will impact every Compromise & Release (Settlement) Agreement under the Pennsylvania Workers’ Compensation Act, the Commonwealth Court ruled today that “The parties to a C&R agreement can bind each other, but they cannot release themselves from liability to a person who is not a party to the C&R agreement and who has been given neither notice nor opportunity to be heard on the C&R Agreement.” Attorney Dan Siegel of the Law Offices of Daniel J. Siegel, LLC was lead appellate counsel, and argued the case for the medical provider; he was assisted by Attorney Nicole Kratzer.
The Court also ruled that “A C&R Agreement cannot be employed to avoid the procedures in the Act for challenging a provider’s invoice or a fee review determination that the invoice must be paid. To hold otherwise would eviscerate Section 30l(f.1)(5) and (6) of the Act and violate the due process of law guaranteed to providers.”
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