Injury resolved via C&R without either admission of liability or inclusion of medical bills/costs to be paid. Provider sought penalty against employer alleging violation via failure to give provider notice & opportunity to intervene.
No go. C&R agreement must be explicit with regard to payment of medical expenses. Here, the agreement did not state medicals would be paid and clearly indicated: “Medical: 0.” Also, no admission or adjudication of liability or even of work-related injury.
Unavailing: Provider reliance on claimant counsel to protect provider’s interest and 2) assertion that approval of C&R means it is “only logical” that medicals will be due and payable.