If anyone is seeking information to justify home care billing or a home care lien for a MSC, or court, I am pulling up some entire cases at My FindLaw that I had initially pulled up short blurbs on at the Appeals Board Reporter.
Specifically: SMYERS v. WORKERS' COMP. APPEALS BD. , 157 Cal.App.3d 36The short recaps at the ABR are great, but if one can get the entire case a thousand times better because all the information is there. SMYERS references KEIL v. STATE OF CALIFORNIA (1981) 46 Cal. Comp.Cases 696. These two appear to be standards for California home care provision cases, and what the WC judges use for references.
I'm still missing one piece of information. What is a reasonable percentage the applicant attorney usually charges to represent a home care lien that is part of the applicant's case? However, I have been told tonight that many of them do represent the home care provision, as part of the case not charging an extra percentage. I still need to know a percentage for any that do charge though.
My home care provider, a friend, has been providing home care for me since the date of my injury. A few months after my injury when I retained my attorney, he said she should begin billing the IC for her services which she began doing. He told her how much to charge, how to fill out the Lien Request, Proof of Service, billing, etc. and instructed her to send it to the IC once a month with a copy to him. Then, periodically, he would write demand letters to the IC, etc., etc. We learned the icing on the cake, i.e. how to fine tune the justification for home care, what covered services verses not-covered services are, etc., etc., etc.
The AA has always maintained that her lien was part of the case and would be settled by the judge at trial. That is also what the IC has claimed in their letters. He has written us letters from time to time talking about evidence that he has filed on her home care provision, blah, blah, and all the usual talk one would relate if one was handling a claim. He also said he has filed her billings. Recently, we learned this is not true. None have been filed with WCAB.
He has never once mentioned to her one word about charging a separate fee for representing her home care provision. Never mentioned anything about any percentage figure, or signing any agreement of any type. Of course we never gave it a thought thinking that if it was part of the case there would be no separate charge. This has continued for over seven years.
A MSC is coming up and she received a letter from him saying I am not representing your lien in court. We were both in shock. When I contacted him he was up and down, back and forth, then said that if he represented her lien/claim he would charge from 20 to 45% to do it but he didn't know if there would be a conflict of interest. When I tried to learn what type of conflict of interest it had something to do with a poorly worded paragraph in a depo taken five years ago of an AME. When I looked at the depo there was only one poorly worded question in the entire depo however the question before it, and after it, made the poorly worded one perfectly clear so I didn't see any problem. It does no good to relate sensibly, so I just accepted the excuse and said....OK, how much is the percentage.
He then began going back and forth on that. As of this date, still back and forth with an..."I'll let you know before the MSC." Well, since the MSC is in 14hours, and we still haven't been informed, I have a feeling that my home care provider is going to be informed five minutes before the MSC begins and the pressure will be on.
I have been trying to learn what percentage applicant attornies charge to represent a home care provision that is part of their applicant's case for a couple of weeks now with no luck. I know everything about home care billing now except that.
If anyone here has been involved in a claim, or knows someone who has, that has had a home care provision included in it I sure would appreciate knowing what percentage those attornies charged. 15% 20% Or what? I surely doubt that it would be 45%.