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Affordable Care Act
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Jennifer Jordan
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WCMSA
Calif. WCAB Noteworthy Panel Decisions Reporter
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Compromise and Release and Medicare Set-Aside: Informed Consent and Assumption of Risk
Liability for future medical treatment for a work related condition cannot be transferred to Medicare without its permission In Alvarenga v. Scope Industries , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s order approving...
LexisNexis Workers' Comp Law Newsroom Staff
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement
What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB...
Vernon R. Sumwalt
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Workers’ Compensation and Its Secondary Payers: Medicare and Medicaid
Last November I had the pleasure of participating in a panel with two more eminently qualified folks—Jennifer C. Jordan of MEDVAL, LLC and Tim Nay at Nay & Friedenberg —about Medicare Secondary Payer (MSP) compliance at the 23rd Annual...
Jennifer Jordan
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Fifteen Years Since the Patel Memo and Medical Secondary Payer Issues Continue to Mystify
Every year we take the time to update The Complete Guide to Medicare Secondary Payer Compliance and it always forces me to reflect on how much Medicare Secondary Payer (MSP) compliance has changed over the years, yet so much stays the same. Yes, we find...
Julius Young
over 10 years ago
Workers' Compensation
Reform Legislation
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...
Robert G. Rassp, Esq.
over 10 years ago
Workers' Compensation
Medicare Secondary Payer
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...
Teddy Snyder
over 11 years ago
Workers' Compensation
Medicare Secondary Payer
Four Reasons to Avoid the CMS Approval Process for MSAs
By Teddy Snyder, Esq., Ringler Associates - Beverly Hills, CA 1. MMSEA reporting makes approval unnecessary for Medicare beneficiaries. Reporting under the Medicare, Medicaid and S-Chip Extension Act, aka “section 111 reporting”, started...
Mark Popolizio, Esquire
over 11 years ago
Workers' Compensation
Medicare Secondary Payer
Determining Medicare Status - Assessing CMS’ Query Process System in the Bigger Picture of MSP Compliance
By Mark Popolizio, Esquire, Section 111 Senior Legal Counsel, Crowe Paradis Services Corporation Determining a claimant’s Medicare status is an integral part in evaluating one’s compliance obligations under the Medicare Secondary Payer Statute...
Mark Popolizio, Esquire
over 10 years ago
Workers' Compensation
Medicare Secondary Payer
Illinois Court Permits Ex-Wife to Take a Percentage of MSA Account as Part of Divorce Action
By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In the case of In re Marriage of Washkowiak , 2012 Ill. App. Lexis 151 (Ill. App. 3 Dist., March 7, 2012) the Illinois Appellate Court ruled that a claimant’s former wife was entitled...
Mark Popolizio, Esquire
over 10 years ago
Workers' Compensation
Medicare Secondary Payer
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...
Cassandra Roberts
over 10 years ago
Workers' Compensation
Medicare Secondary Payer
Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake
Today's post is a pretty dry discussion by Sassy Cassy standards. I stumbled across a recent Motion Day ruling that presents a potentially novel issue and has a little something to offer on the topic of enforceability of settlements. That and the...
Jennifer Jordan
over 11 years ago
Workers' Compensation
Medicare Secondary Payer
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...
Calif. WCAB Noteworthy Panel Decisions Reporter
over 10 years ago
Workers' Compensation
Medicare Secondary Payer
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...
Robert G. Rassp, Esq.
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
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...
Cassandra Roberts
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake
Today's post is a pretty dry discussion by Sassy Cassy standards. I stumbled across a recent Motion Day ruling that presents a potentially novel issue and has a little something to offer on the topic of enforceability of settlements. That and the...
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