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Frequently Asked Questions

  1. What is this lawsuit about?

    This Settlement concerns a Lawsuit alleging that General Casualty Company of Illinois (now known as General Casualty Insurance Company) and General Casualty Company of Wisconsin (“General Casualty Defendants”) improperly discounted the bills of licensed healthcare providers who treated an Illinois, South Dakota, or Wisconsin workers’ compensation claimant by taking PPO Discounts.

    Defendants have denied and continue to deny all charges of wrongdoing or liability against them arising out of the allegations and claims asserted in the Lawsuit and deny that any Class Member has any valid claim against them arising from their application of PPO Reductions.


  2. Who is covered by the lawsuit?

    On November 13, 2007, the Circuit Court certified the following Class: All licensed healthcare providers in Illinois, South Dakota, and Wisconsin who: (a) submitted a bill to General Casualty Company of Illinois and/or General Casualty Company of Wisconsin between February 16, 1995 and November 13, 2007 for medical services covered by a workers’ compensation policy; and (b) received or were tendered payment in an amount less than the submitted bill based on a PPO Discount.

    In July 2009, notice was sent to all Class Members, including you. At that time, you elected to remain a Class Member.

    To represent the above Class for purposes of the Settlement, the Court has appointed the named plaintiff in this Lawsuit, Dale A. Fischer, D.C., as the Class Representative and has appointed the following attorneys to serve as Class Counsel: SL Chapman LLC, 330 North Fourth Street, Suite 330, St. Louis, Missouri 63102 (“Class Counsel”).


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

    If you are a member of the Class, you have the following options.

    • DO NOTHING – If you do nothing and the Court grants Final Approval of the Settlement, you will be 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 not be eligible to receive monetary relief unless you submit a Request Form.
    • PARTICIPATE IN THE SETTLEMENT – If you wish to participate in the proposed Settlement, you need to complete and return the accompanying Request Form, postmarked no later than October 12, 2012.
    • 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 to object or comment.
    • ATTEND THE HEARING – Ask to speak to the Court about the fairness of the Settlement.


  4. What are the settlement benefits?

    The following description of the settlement benefits are qualified in its entirety by reference to the Class Action Settlement Agreement.

    (a) Payments. Subject to the Aggregate Cap, each Class Member will have the opportunity to receive up to forty percent (40%) of the amount of the PPO Reductions applied by Defendants during the Class Period. Defendants will make payments to Class Members who submit valid claims. If you are a Class Member and wish to make a claim, you must fill out and submit the accompanying Request Form, along with the required documentation, postmarked no later than October 12, 2012, to General Casualty Settlement, P.O. Box 2804, Faribault MN 55021-8609.

    Verification. All claims are subject to verification. You may be asked to provide additional information or documentation to support your claim.

    Prior Payment. If it is determined that you previously received payment of a PPO Reduction identified in your claim, your Settlement payment will be reduced by that amount.

    Aggregate Cap. Your Settlement payment may be subject to a pro-rata deduction based upon the $1.6 million dollar Aggregate Cap set forth in the Settlement Agreement.


  5. How do I file a claim?

    If you wish to participate in the proposed Settlement, you must complete and submit the accompanying Request Form, along with the required documentation, no later than October 12, 2012, to General Casualty Settlement, P.O. Box 2804, Faribault MN 55021-8609. If you fail to submit the Request Form by the deadline, you will not be entitled to any Settlement payment but you will still be bound by the Settlement and the judgment, including the release of your claims against the Defendants. A Request Form submitted by first-class United States Mail shall be deemed to have been submitted when posted if received with a postmark indicated on the envelope. In all other cases, the Request Form shall be deemed to have been submitted when actually received by the Settlement Administrator. If you wish to comment in favor of the Settlement, you may send your comment to Robert W. Schmieder II, SL Chapman LLC, 330 North Fourth Street, Suite 330, St. Louis, Missouri 63102. At the start of your comment, please include a reference to Dale Fischer, D.C. v. General Casualty, No. 05-L-113.

    For more information on how to file a claim, please refer to the Fischer v. General Casualty Notice.


  6. Do I need to submit documentation with my Request Form?

    Yes. Along with the Request Form, you must submit documentation that itemizes all applicable charges for which PPO Reductions were purportedly taken. This documentation must include a copy of the explanation of review(s) (“EOR”) or explanation of benefits (“EOB”) forms or similar documents you received from Defendants or Defendants’ bill review company. Such documentation must include the full name of the patient/claimant, the applicable General Casualty claim number, the date of injury, the date of service, the amount of the billed charge, and the amount of the PPO Reduction. You must also complete Section C of the Request Form.


  7. 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 be 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 not be eligible to receive monetary relief unless you submit a Request Form.


  8. How can I object to the Settlement?

    If you are a member of the Class, you may object to or offer comment in favor of the terms of the Settlement or 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 attorney’s fees and costs.

    If you object to the Settlement, you must file your written objection on or before August 17, 2012. (1) file with the Clerk of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located at the St. Clair County Courthouse, 10 Public Square, Belleville, Illinois 62220, and (2) serve on (i) Robert W. Schmieder II, SL Chapman LLC, 330 North Fourth Street, Suite 330, St. Louis, Missouri 63102 (Class Counsel), and (ii) Kendall W. Harrison, Godfrey & Kahn, S.C., One East Main Street, Suite 500, Madison, Wisconsin 53701-2179 (Counsel for General Casualty Defendants) a written objection, verified by sworn affidavit which includes: (a) your 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 you wish to bring to the Court’s attention and any evidence you wish to introduce in support of the objection. If you are represented by counsel for the purposes of objecting to the Settlement, then the objection must also include: (i) the identity and number of other Class Members represented by your 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 your counsel assumed your representation; and (v) a list of the names of all cases where your counsel has objected to a class action settlement in the last three years. Objecting Class Members 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 counsel hired at the Class Member’s expense, but must deliver a Notice of Intention to Appear to Class Counsel and Defendants’ counsel, and have it file-stamped by the Court no later than August 17, 2012. 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?

    The Fairness Hearing is scheduled for September 18, 2012, at 11:00 a.m., in the courtroom of the Honorable Vincent Lopinot, Circuit Judge of the Circuit Court, Third Judicial Circuit, St. Clair County, Illinois.


  10. How do I contact Class Counsel?

    You can email Class Counsel at classaction@slchapman.com. You can also contact them by mail at: SL Chapman LLC, 330 North Fourth Street, Suite 330, St. Louis, Missouri 63102. Please include the reference Dale Fischer, D.C. v. General Casualty, No. 5-L-113.


  11. What if I still have questions?

    You can view and print the Fischer v. General Casualty Settlement Agreement, the Fischer v. General Casualty Preliminary Approval Order, and the Fischer v. General Casualty Notice at this website.

    Inquiries may also be sent to:

    General Casualty Settlement
    P.O. Box 2804
    Faribault MN 55021-8609

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