University of Massachusetts Memorial Medical Center, Inc. v. Christodoulou

851 A.2d 636, 180 N.J. 334, 2004 N.J. LEXIS 722
CourtSupreme Court of New Jersey
DecidedJuly 13, 2004
StatusPublished
Cited by20 cases

This text of 851 A.2d 636 (University of Massachusetts Memorial Medical Center, Inc. v. Christodoulou) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
University of Massachusetts Memorial Medical Center, Inc. v. Christodoulou, 851 A.2d 636, 180 N.J. 334, 2004 N.J. LEXIS 722 (N.J. 2004).

Opinion

Justice ALBIN

delivered the opinion of the Court.

The parents of a decedent-employee filed workers’ compensation claims against their son’s employer. The parents entered into a settlement of those claims with the employer without making any allowance for the payment of their son’s medical bills. The hospital and medical group that provided care and treatment to the decedent filed a collection action seeking payment of their bills because they had no advance knowledge of and did not participate in the settlement of the workers’ compensation claims. The Law Division found that the hospital and medical group were not bound by the settlement. The Appellate Division found differently and barred the collection action because the medical providers did not intervene timely in the compensation action. We reverse and hold that those medical providers are not bound by a settlement of which they had no notice and to which they were not a party.

I

We summarize the facts, as we must, in the light most favorable to plaintiffs to determine whether the grant of summary judgment [340]*340in favor of defendants was appropriate. R. 4:46 — 2(c); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A2d 146 (1995). On June 28, 1996, while driving a car owned by his employer, Auto Auction Land of Jersey City (Auto Auction), twenty-eight-year-old Mario S. Christodoulou was involved in a catastrophic accident on Route 1-84 in Sturbridge, Massachusetts. A local rescue squad transported Christodoulou to the University of Massachusetts Memorial Medical Center where he received treatment for multiple, traumatic injuries. He remained hospitalized for almost two months until his death. The hospital and the University of Massachusetts Group Practice (collectively, plaintiffs or the medical providers) provided Christodoulou with medical services at a cost of $712,688.85.

On or about September 28, 1996, Christodoulou’s father, Steve, filed with the New Jersey Division of Workers’ Compensation (the Division) an employee claim petition on behalf of his son’s estate1 and a dependency claim petition on behalf of himself and his wife, Despina, alleging that the accident occurred in the course of his son’s employment with Auto Auction. The hospital was listed as a medical provider on the employee claim petition. The respondent as to both claims was Auto Auction. Defendant Granite State Insurance Company was Auto Auction’s compensation carrier, and defendant AIG Claim Services, Inc. was the claims administrator. In its answers to the complaint, Auto Auction disputed that the accident occurred in the course of employment and that Mario Christodoulou was providing support to his parents. Thereafter, in an exchange of correspondence between plaintiffs’ in-house Massachusetts attorney, Peter V. Kent, and Steve Christodoulou’s attorneys, Goldberger, Seligsohn and Shinrod (Goldberger), Kent [341]*341was led to believe that the medical providers’ bills would be presented for payment in the workers’ compensation action.

On April 2, 1997, Kent wrote to Goldberger and requested that Goldberger advise him when the workers’ compensation case was expected “to be heard or settled.” Kent also forwarded to Goldberger the medical bills related to the services rendered to Mario Christodoulou. By letter dated June 3, 1998, Goldberger informed Kent that plaintiffs’ “bills have been noted and will be presented to the Court at the time of the Hearing,” and that a representative of the hospital likely would have to appear at the hearing. On October 28, 1998, Kent made a follow-up inquiry with Goldberger concerning the status of the case. Two days later, Goldberger responded that the case would soon be listed for trial and that a representative of the medical providers would have to testify to the nature of the services rendered and the reasonableness of the bills. On November 2, 1998, the Christodoulous and Auto Auction signed a pretrial memorandum that listed plaintiffs’ outstanding medical bills.

On May 10, 1999, at a hearing before a workers’ compensation court judge pursuant to N.J.S.A 34:15-20 (Section 20), Steve Christodoulou settled both the employee and dependency claims in exchange for a $50,000 lump-sum payment from Auto Auction. The settlement was placed on the record. Steve Christodoulou acknowledged to the court that he was entering into the settlement because of the great difficulty he would face in proving his claims. He also acknowledged his understanding that after dismissal of the claims he would have no further recourse against Auto Auction except in one respect: to seek indemnification against Auto Auction for payment of his son’s medical bills. On the record, in the presence of Auto Auction’s lawyer, Goldberger assured his client, Steve Christodoulou, that, as part of the settlement, Auto Auction’s insurance carrier would “protect” him in the event of a lawsuit by a doctor or hospital seeking payment of medical bills for services rendered to his son as a result of the accident. The workers’ compensation court judge signed the [342]*342“Order Approving Settlement With Dismissal,” which memorialized the “settlement between the parties” and provided that “Respondent (Auto Auction) will hold petitioner (Steve Christodoulou) harmless for any medical or hospital bill arising out of the accident of 6/28/96.” Plaintiffs were not given notice of the settlement discussions or the Section 20 hearing, and they did not participate in or approve of the settlement.

By letter dated August 9, 1999, Goldberger informed plaintiffs’ lawyer, Kent, of the Section 20 settlement and the dismissal of the Christodoulou compensation claims, stating:

Due to a serious question of liability, we entered into a Dismissal of the matter pursuant to Section 20 of the New Jersey Workers’ Compensation Act.
However, your clients^] rights have been preserved in that the Dismissal specifically provided that the AIG Claim Services would hold the Petitioner harmless, for any medical and hospital bill arising out of the accident in question.
Should you desire to proceed to collect any of the outstanding bills, I suggest that you immediately contact the AIG Claim Services.

Plaintiffs did as directed and forwarded their bills to AIG for payment. On March 29, 2000, counsel for AIG, James Supple, refused plaintiffs’ demand for payment. Supple claimed that AIG had agreed to hold Steve Christodoulou harmless — not his son’s estate — for payment of the medical bills, and because the father was not responsible to pay the bills of his son, AIG “decline[d] to reimburse” the medical providers. In August and October 2000, plaintiffs filed motions in the workers’ compensation court, seeking (1) permission to present their unpaid bills for payment, and (2) a Rule 4:50-1 vacation of the order approving the Section 20 settlement. On January 8, 2001, the court denied both motions because plaintiffs had not filed a timely petition for relief. In an unpublished decision, the Appellate Division affirmed. On July 16, 2002, we denied certification. 174 N.J. 191, 803 A.2d 1163 (2002).

On March 16, 2001, plaintiffs filed a complaint in the Law Division against Mario S. Christodoulou (deceased), by his Guardian Ad Prosequendum, and Steve Christodoulou (collectively, the Christodoulous), Auto Auction, Granite State Insurance Company, and AIG Claim Services, Inc. to recover the cost of medical [343]

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Bluebook (online)
851 A.2d 636, 180 N.J. 334, 2004 N.J. LEXIS 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-massachusetts-memorial-medical-center-inc-v-christodoulou-nj-2004.