Legal Question in Workers Comp in California
Guarantor information on a worker's compensation claim
I am writing to obtain information regarding the ''guarantor'' information on a worker's compensation claim. When an injured worker presents for treatment of a work related injury and you can't verify that the claim is valid or has been accepted, who should be listed as the guarantor? Should the patient be listed as the guarantor and the worker's compensation insurance be listed as the ''payor'' or should the employer be listed as the guarantor?
1 Answer from Attorneys
Lien claim
Actually you need to be very candid with the doctor because many physicians do not accept workers' compensation claims on a lien basis. I am of the opinion that you should inform the doctor that you are requesting to be treated on a lien basis. If the doctor accepts, you are relieved from liability. Otherwise, the doctor has a fairly good argument that you agreed to pay for the services and seek reimbursement from the insurance carrier.
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