Workers' Compensation

Recent Posts

Four Reasons to Avoid the CMS Approval Process for MSAs
Posted on 1 Feb 2012 by Teddy Snyder

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... Read More

Determining Medicare Status - Assessing CMS’ Query Process System in the Bigger Picture of MSP Compliance
Posted on 24 Jan 2012 by Mark Popolizio, Esquire

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... Read More

Illinois Court Permits Ex-Wife to Take a Percentage of MSA Account as Part of Divorce Action
Posted on 11 Apr 2012 by Mark Popolizio, Esquire

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... Read More

The WCMSA Conundrum in California
Posted on 10 Jul 2012 by Robert G. Rassp, Esq.

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... Read More

Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties’ Mediation Settlement Agreement
Posted on 19 Jun 2012 by Mark Popolizio, Esquire

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... Read More

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

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... Read More

California: No Blanket Rule Precludes Award of Attorney's Fees Based on a Medicare Set-Aside
Posted on 13 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake
Posted on 16 Aug 2012 by Cassandra Roberts

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... Read More