Cordeiro v. Gifford's Famous Ice Cream
Acadia Insurance Company
July 28, 2020
CategoriesProcedure Statutory Construction Procedure Statutory Construction
Back MaineCare §209-A(7) Attorney Fee Medical Costs
Summary from the Troubh Heisler Attorneys
Mr. Cordeiro injured his back at Gifford’s and filed a petition for payment of medical bills including those already paid by MaineCare. Judge Elwin granted the petition, and Attorney Libner asked her to order Acadia to withhold 30% as his fee for pursuing the petition. Judge Elwin granted his request as to the bills paid by other insurers but denied his request on the MaineCare payments, because §209-A(7) expressly requires that MaineCare be reimbursed 100% of their treatment costs for work injuries.
Mr. Cordeiro appealed on a variety of novel legal theories, but the Appellate Division upheld Judge Elwin’s decision. It appears that even MaineCare bills could be subject to the attorney’s 30% fee, if MaineCare agreed in advance to pay them as collection costs. Given the problem of attorney’s fees on medical bills, we expect similar claims in the future.