Search Site
Liens are taking on a major role in the resolution of personal injury cases. By contract, almost every health insurer can assert a lien on their subscriber’s third party recovery. This has major implications for the case. A lien is not limited to a private health insurer, but can arise from Medicare, MassHealth, or any other governmental program.
Liens can also arise by operation of Massachusetts General Laws Chapter 152. That is the Worker’s Compensation Statute and under Section 15 of that statute there must be court approval for any third party case. The purpose of this is to protect the employee who, by Chapter 152, must repay the worker’s compensation insurer for what it has paid him/her less offsets for attorney’s fees and expenses in litigating the case.
It is the health insurance liens that are becoming the bigger issue. One way to deal with them is to challenge on a line-by-line basis exactly what is included in that lien. Invariably, the lien will have other, unrelated, medical treatment. In those cases, the lien holder will adjust downward the figure. The problem is that the lien holder all-too readily will send the notice but not “parse” it unless forced to do so.
Adding insult to injury is a case ten years ago in Massachusetts known as Pearce v. Christmas Tree Shops. The effect of that decision is that the offsets which are permitted in the context of third-party claims arising as a result of an on-the-job injury are not available in reducing health insurance liens. Nevertheless, it never hurts to ask.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...
-
5.0/5.0
After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...
-
5.0/5.0
Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...
-
5.0/5.0
I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...
-
5.0/5.0
I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...
Awards & Affiliations
Contact us
