LexisNexis® Legal Newsroom
2011 Alphabet Soup: MSA, CMS, WCMSA, MSPRC, COBC, C&R, RRE, ORM, TPOC, EIEIO - The Latest in Medicare, Social Security and Your Large C&R in California

By Robert G. Rassp, Esq. Yes, so, the last one is a joke – Old MacDonald had a farm… We have recently traveled all over the country talking about and listening to the effect CMS has had on all of the stakeholders in the entire workers’ compensation community and not just in California...

Delay in Calculating a Structured MSA Can Cost You, It’s Free, So Why Wait?

By Teddy Snyder, Esq. I got the call again. I’m in California, but this case closure scenario can happen anywhere. “I have a signed C&R for $46,000 with CMS approval. Can you save me some money?” The answer is “Probably, but it will be more complicated, because you waited...

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers/insurers, it is problem enough that the Applicant's...

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers/insurers, it is problem enough that the Applicant's...

Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties’ Mediation Settlement Agreement

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Bruton v. Carnival Corporation , 2012 U.S. Dist. LEXIS 64416 (S.D. Florida May 2, 2012) the court ruled that a liability Medicare set-aside (L-MSA) was not required as part of the settlement based on the terms of the parties’...

Workers Comp and the Affordable Healthcare Act

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client e-mails asking whether the Affordable Healthcare Act...

Workers Comp and the Affordable Healthcare Act

Assuming that Obamacare isn't grievously wounded by Congressional de-funding and that a Romney win in the election doesn't result in repeal of the law, what effect will it have on workers' comp? I've already received several client e-mails asking whether the Affordable Healthcare Act...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

The WCMSA Conundrum in California

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant was a medical laboratory technologist who sustained...

California: No Blanket Rule Precludes Award of Attorney's Fees Based on a Medicare Set-Aside

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Attorney’s Fees; Calculation; C&R Agreements. WCAB, rescinding WCJ’s award of $66,860.30 fee to applicant’s attorney, held that attorney was entitled to full $90,000...