Greetings,

With the reinstitution of hourly fees, we may see this old angle on attendant care make a comeback.  What we would often see is a PFB asking for attendant care, and after a review of the file, the adjuster would deny it as no doctor had prescribed attendant care.

Prior to minor procedures, such as ESI’s or other injections, the doctor’s offices often hand the claimant a pre-printed instruction/care sheet.   These instructions often say things like do not eat beforehand, do not drive afterward, or have someone available to assist you.    We get to the mediation, they produce the instruction sheet and claim 4 hours of attendant care for the neighbor taking them to the doctor’s office so the claimant could be driven home.  No one knew about it, but we now owe $32 in attendant care and a $5,000 attorney fee.

So, if you see a PFB for attendant care, if there is no formal prescription for it, double check that the treating doctor’s office or surgical facility has not given them any instructions which could be considered attendant care. Also if nothing is attached to the PFB, this is an issue we could move to dismiss for lack of specificity (we only have 30 days from the PFB date to file the Motion).

Ahh the good ol’ days.

On a positive note, I seem to be able to still settle claims fairly reasonably….

Sincerely,
Morgan Indek | Partner