Legal Question in Workers Comp in California

Partial payment of lien maked paid in full
I have a medical lien on my patient who has a workers' compensation case. The insurance company sent 1/3 of the lien amount and on the bottom of the check wrote ''in full and final satisfaction''. If I don't agree, do I have the right to mark the check as partial payment or do I send the check back and hope to get paid the correct amount?

Asked on 8/21/06, 12:02 pm

Phillip Cooke Law offices of Phillip A. cooke

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Re: Partial payment of lien maked paid in full

There is case law that would suport the insurance company's position that you accepted the check as an accord and satisfaction if you cash it.

Decide whether your billing is reasonable and within the proper guidelines to be paid in full or for more money before deciding what to do.

Your decision should be a practical one because if you fight it, there needs to be enough money at stake to make it worth your time and expense.

Answered on 9/01/06, 12:39 pm

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