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  1. #1
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    Default Will the Canada Health Care System Assert a Lien

    Individual with a US work comp case wants to settle and either has been getting or will be getting health care in home country of Canada. Will the Canadian health care system have the right to assert a lien on the settlement, or withhold treatment if there is no set-aside type of arrangement?

    Thanks for all input.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  2. #2
    Join Date
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    Default Re: Will the Canada Health Care System Assert a Lien

    Is this person a citizen of Canada?
    Does he have a provincial health card?

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
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    Default Re: Will the Canada Health Care System Assert a Lien

    He is a citizen of Canada. I assume he has the health card. Been living in US, but will move back to Canada.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
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    Oct 1971
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    4,510

    Default Re: Will the Canada Health Care System Assert a Lien

    Once you leave Canada, you are no longer entitled to free health care.
    You are only eligible for Canadian healthcare if you are normally resident in Canada, this assumes that you are already a canadian citizen.

    He may have to apply to resume his citizenship.
    To be eligible to resume your Canadian citizenship, you must meet the following requirements.
    You must:
    •have been a Canadian citizen
    •have become a permanent resident of Canada after you lost your Canadian citizenship and
    •have lived in Canada as a permanent resident for at least one year immediately before you apply.
    http://www.cic.gc.ca/english/citizenship/resume.asp

    After that he will have to apply for a provincial health insurance card.
    You should apply for a health insurance card from your provincial or territorial government as soon as possible after you arrive in Canada.
    Required documents:
    When you apply for your health insurance card you will need to show some identification, such as your birth certificate or passport, or your Confirmation of Permanent Residence (IMM 5292). You can also show your Permanent Resident Card.
    http://www.cic.gc.ca/english/newcomers/after-health.asp

    Canada's cracking down on Americans getting free health care.
    One requirement is that you have to be a legal resident and have a valid provincial health card, otherwise you pay out of pocket.
    http://www.nytimes.com/1993/12/20/wo...ted=all&src=pm

    I would think if he could overcome these obstacles, he should be fine.
    So far I don't find anything that says Canada has any Set Aside requirements for worker comp claims.
    From what I see, if there is any question about your eligibility they will not pay, period.
    They don't pay then re-coop the money later.

    I'll do some more research and be back later.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  5. #5
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    Default Re: Will the Canada Health Care System Assert a Lien

    Thanks, Tony.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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