Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.

Howell v. Hamilton Meats & Provisions, Inc.,  52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier.  This appellate panel concluded “the same result applies where an injured employee’s medical provider accepts a discounted amount as payment in full from the employer under the workers’ compensation law.  In both situations, because the injured person/employee is not liable for the undiscounted sum stated in the provider’s bill, the unpaid balance does not represent an economic loss to the plaintiff and is not recoverable as damages.”  Sanchez v. Brooke  (Cal. App. Second Dist., Div. 4; March 8, 2012) 204 Cal.App.4th 126, [138 Cal.Rptr.3d 507].