Carrier Can't Pursue Recovery of Lien From Patient's Compensation Fund

A Louisiana appellate court last week ruled that an employer could not pursue a claim against the state Patient’s Compensation Fund to satisfy its comp lien for a worker who developed a flesh-eating bacterial infection. The fund was created in 1975 to serve as a guaranteed medical malpractice coverage system for private health care providers in the state. It basically plays the role of an excess insurer for the providers, who pay surcharges for the coverage protection offered by the fund. Pursuant to the Louisiana Medical Malpractice Act, a provider who pays the surcharge wil...