Collection Action in Workers' Compensation Claim
I have a workers’ compensation client who was treated for the job injury by a hospital. The hospital will not bill through comp but has filed a lien and put a collection company onto my client. Is there a cause of action against the hospital and collection attorney for continuing to do this?
Answer: It is clear that he doesn't owe it and that the District Court has no jurisdiction of a suit against the employee for collection of the bill. See: Baptist Medical Center of Oklahoma, Inc. v. Aguirre, 1996 OK 133, 930 P.2d 213: Worker sued for medical bill in District Court is entitled to a stay pending resolution of a filed Work. Comp. claim. 85 O.S. 1977 Supp. §14(E), providing district court jurisdiction is abolished requires that interpretation to avoid conflict w/constitutional provision that district courts have general jurisdiction. May have a Fair Debt Collection claim also for the collection company trying to collect an invalid debt.
Posted on Mon, August 11, 2014
by Travis Law Office filed under