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
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
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