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Frequently Asked Questions

  1. What is this lawsuit about?

    The lawsuit alleges that CNA wrongfully reduced payments to preferred providers who treated Illinois workers’ compensation claimants by taking PPO discounts without performing the associated obligation of “preferring” the preferred providers. The lawsuit alleges that Defendants were either not a legitimate PPO payor or, in the alternative, breached their obligation as a PPO payor because there were no financial incentives to motivate Illinois workers’ compensation claimants to seek treatment from the preferred providers.

    CNA has denied and continues to deny all charges of wrongdoing or liability against it arising out of the allegations and claims asserted in the lawsuit.

  2. Who is covered by the lawsuit?

    The Court has certified for settlement purposes a class (hereinafter, the “Class”) consisting of: All licensed healthcare providers in Illinois who, from February 15, 1995 through February 26, 2010, 1) submitted a bill to CNA for medical services relating to the treatment of an occupationally ill or injured worker whose workers' compensation claim is governed by Illinois law; and 2) who received less than the amount submitted due to PPO reductions or discounts taken by or on behalf of CNA on the bill. The Settlement also includes certain changes to CNA’s business practices going forward for a certain period of time.

  3. What do I have to do at this time?

    If you are a member of the Class, you have the following options. (These options are more fully described in paragraphs 4 though 9 below)

    • DO NOTHING – If you do nothing and the Court grants final approval of the Settlement, you will automatically be included in the Settlement Class. This means you are bound by the Court’s orders in the case and give up your right to be part of any lawsuit concerning the claims in this case. You will provide a Release to CNA of any claim you might have. You will not be eligible to receive monetary relief unless you submit a Claim Form.

    • PARTICIPATE IN THE SETTLEMENT – If you wish to participate in the proposed Settlement, you need to complete and return the Claim Form, postmarked no later than June 14, 2010.

    • EXCLUDE YOURSELF – You will not be entitled to participate in the Settlement if you choose this option.

    • OBJECT OR COMMENT WHILE REMAINING IN THE CLASS – Write the Court about why you do, or do not, like the Settlement. You must remain in the class and Settlement to object or comment.

    • ATTEND THE HEARING – Ask to speak to the Court about the fairness of the Settlement.

  4. How do I file a claim?

    If you wish to participate in the proposed Settlement, you must complete and submit the Claim Form, along with any required documentation, postmarked no later than June 14, 2010, to Fischer v. CNA PPO Class Action, P.O. Box 2297, Faribault MN 55021-2432. If you fail to submit the Claim Form by the deadline, you will not be entitled to any Settlement payment but will still be bound by the Settlement and the judgment, including the release of your claims. If you wish to comment in favor of the Settlement, you may send your comment to Robert W. Schmieder II of LakinChapman, LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095 (Lead Class Counsel). At the start of your comment, please include a reference to Fischer v. Continental, Case No. 05-L-0103.

  5. Do I need to submit documentation with my Claim Form?

    The settlement claim form that you received with your class notice provides that, to make a claim, class members must submit either "(1) a copy of the explanation of review(s) ("EOR") that itemizes charges, discounts or reductions, and the reasons therefore; or (2) any other materials received from CNA or the bill review company that itemize charges, discounts or reductions, and the reasons therefore, sufficient to ascertain the specific charges billed, their dates, the patient for whom the services were provided, and the specific PPO reductions or discounts taken by or on behalf of CNA."

    Pursuant to this language, in the event the EOR is no longer available, you still may be able to submit a claim if you maintained within your business records, at the time the PPO discount was taken, sufficient information from the original EOR or other materials from CNA or the bill review company. This information will need to be appropriately authenticated, and reflect the "charges, discounts or reductions, and the reasons therefore, sufficient to ascertain the specific charges billed, their dates, the patient for whom the services were provided, and the specific PPO reductions or discounts taken by or on behalf of CNA." Settlement Agreement 6.3(b). No payments will be made for reductions or discounts taken for reasons other than PPO discounts, and so the information you submit must identify the actual amount of PPO discounts and exclude any other discounts or reductions taken on the bill. See id. 6.3(e). Under the settlement agreement, CNA has the right to audit and challenge your claim. Id. 6.3(g). Please contact Class Counsel for assistance because the type of information available will vary by class member. If you maintained sufficient information, then you will need to submit an affidavit under penalty of perjury to authenticate your information.

  6. Do I have to file a claim?

    You do not need to file a claim, however, if you do nothing and the Court grants final approval of the Settlement, you will automatically be included in the Settlement Class. This means you are bound by the Court’s orders in the case and give up your right to be part of any lawsuit concerning the claims in this case. You will provide a Release to CNA of any claim you might have. You will not be eligible to receive monetary relief unless you submit a Claim Form.

  7. How can I exclude (opt out) from the lawsuit?

    If you do not want to stay in the Class, then you must send a written notice of your request to exclude yourself from the Class, so that it is received no later than April 14, 2010, to the Settlement Administrator. Your exclusion request must include (i) your full name, address, and telephone number; (ii) a statement that you request exclusion from the Class and Settlement in Fischer v. Continental, Case No. 05-L-0103; and (iii) your signature. If you validly and timely request exclusion from the Class, (1) you will be excluded from the Class; (2) you will not be entitled to a Settlement payment; (3) you will not be bound by the terms of the Settlement, the judgment dismissing the lawsuit, or the release of claims provided by the Settlement; and (4) you will not be entitled to comment on the proposed Settlement or be heard at the fairness hearing.

  8. How do I object to the Settlement?

    If you are a member of the Class and you do not request to be excluded, you may object to or offer comment in favor of the terms of the Settlement or to Class Counsel’s request for attorneys’ fees and expenses. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorneys’ fees and costs.

    If you object to the Settlement, you must, on or before April 14, 2010: (1) file with the Clerk of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located 10 Public Square, Belleville, IL 62220, and (2) serve on Robert W. Schmieder II of LakinChapman, LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095 1127 (Lead Class Counsel); and Brent Austin, Wildman Harrold LLP, 225 W. Wacker Drive, Chicago, Illinois, 60606 (Counsel for CNA), a written objection, which includes: (a) the objector’s name, address and telephone number; (b) the name of the case and the case number; (c) a statement of each objection; and (d) a written brief detailing the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection. Any objection must also include: (i) the identity and number of Class Members represented by objector’s counsel; (ii) the number of such represented Class Members who have opted out of the settlement; (iii) the number of such represented Class Members who have remained in the settlement and have not objected; (iv) the date the objector’s counsel assumed representation for the objector; and (v) a list of the names of all classes where the objector’s counsel has objected to a class action settlement in the last three years. Objecting Class Members who appear by counsel or who intend to testify in support of their objection either in person or by affidavit must also make themselves available for deposition by Class Counsel or Defendants’ counsel in their county of residence, between the time the objection is filed and fourteen (14) days before the date of the Fairness Hearing.

    Any Class Member who files and serves a written objection may appear at the Fairness Hearing; either in person or through personal counsel hired at the Class Member’s expense, but must deliver a Notice of Intention to Appear to Class Counsel and CNA's counsel, and have it file-marked by the Court no later than April 14, 2010. The Notice of Intention to Appear must: (1) state how much time the Class Member and/or their attorney anticipates needing to present the objection; (2) identify, by name, address, telephone number and detailed summary of testimony any witnesses the Class Member and/or their attorney intends to present any testimony from; and (3) identify all exhibits the class member and/or their attorney intends to offer in support of the objection and attach complete copies of all such exhibits. Class members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard at the fairness hearing or have the right to appeal from approval of the Settlement.

  9. When is the Fairness Hearing?

    On May 14, 2010, at 9:00 a.m., in the courtroom of the Honorable Brian Babka, Circuit Judge of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located at 10 Public Square, Belleville, IL 62220, Judge Babka will hold a fairness hearing for the purpose of deciding (a) whether the Settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the Settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s application for attorneys’ fees and expenses should be granted. The hearing may be postponed, adjourned, or rescheduled by the Court without further notice to the class. You do not need to attend this hearing to remain a class member or participate in the Settlement.

  10. What if I still have questions?

    You can view and print the Class Action Settlement Agreement, the Class Notice, and the Claim Form at www.pposettlements.com. You can also direct inquiries to Class Counsel at ppo.classaction@lakinchapman.com or by mail 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095. Please include the reference Fischer, Case No. 05-L-0103.




DO NOT CONTACT THE COURT OR CLERK OF COURT WITH QUESTIONS.