Appellate Court Rules on Provider Access to 1% Per Month Interest

In Marque Medicos v. Zurich, Travelers, Hartford, and AIG et al., 1-16-0756, (1st Dist. 2017),  the First District Appellate Court-Sixth Division affirmed the dismissal of Plaintiffs’ (medical provider Marque Medicos; et al.) request for interest payments at 1% per month payable to the provider pursuant to the Illinois Workers’ Compensation Act (820 ILCS 305/8.2(d)(3). 
 
The Plaintiffs contended in a four-count complaint the following:
 
    Count 1.  The Medical Providers were third-party beneficiaries of the standard
                     policies Defendants issued to employers, and that the Medical Providers
                     were therefore entitled to recover for employers’ breach of those policies.
 
    Count 2.  The Medical Providers had an implied private right of action to recover for
                     employers’ violation of Section 8.2(d)(3) of the Act.
 
    Count 3.  Employers breached contracts with the Medical Providers that were
                     implied-in-fact.
 
    Count 4.  The Medical Providers sought an award of attorney fees and statutory
                     damages for Defendants’ vexatious and unreasonable refusal to pay
                     accrued interest for late payments, pursuant to Section 155 of the Illinois
                     Insurance Code.

 The Appellate Court affirmed that the Circuit Court had subject-matter jurisdiction over the action and that all the claims were dismissed appropriately with prejudice.  (Note:  This is not the specialized division of the Appellate Court that hears workers’ compensation matters and an appeal may be pending.)
 
John F. Power, III