LexisNexis® Legal Newsroom
2010 Year in Review: The Top 10 Workers’ Compensation Events in California

In a totally arbitrary and perhaps capricious, non-parametric, unscientific but somewhat peer reviewed way, here are the top ten workers’ compensation events that occurred in 2010. Can you predict what the top ten workers’ compensation events will be in 2011? Here are 2010’s selections...

Five Recent Cases You Should Know About (1/28/2011)

Larson's Spotlight on Illegal Alien, Exclusive Remedy, Average Weekly Wage, Ex Parte Communication, Medicare Set-Aside. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

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...

Chicken Little? Not in Delaware Where Blue Hen Case Rules MSA Commutation Enforceable

Do you ever sit over at the Board on Thursday "Motion Day" and wonder what the outcome is as to some of the cases being presented? The scenarios that present themselves from time to time, and whether they be novel issues of law or funky procedural circumstances, you just aren't sure of...

Five Recent Workers’ Comp Cases You Should Know About (6/24/2011) – Truck Driver's Intentional Tort Against Employer For Injuries From Faulty Brakes Fails

Larson's Spotlight on Intentional Tort, CMS Delay in Payment, Jurisdiction for Out of State Injury, Scheduled Injury, and Hydrotherapy Tub. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

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...

Larson’s Spotlight: Top 10 Cases for 2011 That You Should Know About

It’s time to look back on the past year’s top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here’s our selection for the top 10 workers’ comp cases that you should...

Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Medicare set-asides have become an albatross for all insurers. And despite all their efforts to do exactly what CMS wants in the interest of protecting the Medicare Trust funds, CMS is constantly changing the rules or arbitrarily making random...

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...

Recent Medicare Set-Aside Changes

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Liability Medicare Set Asides Of the series of memos released by CMS on September 30, 2011, the most notable established a policy for when a liability Medicare set-aside (LMSA) would not be required [ see http://www.cms.gov/COBGeneralInformation...

Recent Medicare Set-Aside Changes

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Liability Medicare Set Asides Of the series of memos released by CMS on September 30, 2011, the most notable established a policy for when a liability Medicare set-aside (LMSA) would not be required [ see http://www.cms.gov/COBGeneralInformation...

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...

California: Can an Attorney Fee Be Requested on a Medicare Set-Aside Trust?

Lexis.com subscribers can link to the cites below. As any participant in the workers’ compensation system over the past ten to fifteen years can tell you, if you want to discuss a Compromise and Release, you will likely also have to consider “Medicare’s interests” in evaluating...

North Carolina: Medicare Set-Aside Agreement’s “Seed Money” Must Be Paid Despite Injured Employee’s Death

In an unusual case showing the importance of careful drafting of settlement agreements, a North Carolina appellate court recently held that an employer’s comp carrier was required to pay a deceased employee’s estate some $19,582.37 as “seed money” called for under a Medicare Set...

Federal: Bankruptcy Trustee Has No Claim to Worker’s MSA Held in Bank Account

A Federal Bankruptcy Court in Pennsylvania has held in relevant part that a Medicare Set-Aside is not subject to administration by a bankruptcy trustee because it is not property of the bankruptcy estate in spite of the fact that it might be held in a personal bank account maintained by the Chapter 7...