Workers' Compensation

Recent Posts

California: Compromise and Release and Medicare Set-Aside: Informed Consent and Assumption of Risk
Posted on 15 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

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 P.D. LEXIS --, the WCAB panel rescinded the WCJ’s order approving... Read More

California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement
Posted on 17 Apr 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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... Read More

Workers’ Compensation and Its Secondary Payers: Medicare and Medicaid
Posted on 13 Feb 2015 by Vernon R. Sumwalt

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... Read More

Fifteen Years Since the Patel Memo and Medical Secondary Payer Issues Continue to Mystify
Posted on 8 Aug 2016 by Jennifer Jordan

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... Read More

Workers Comp and the Affordable Healthcare Act
Posted on 3 Jul 2012 by Julius Young

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... 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

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

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

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

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