Where the a deceased worker’s estate initially received $35,798.04 from the employer’s workers’ compensation insurer and then recovered $25,000 from a third-party motor vehicle operator—the liability limits of the third-party’s... Read More

In a deeply divided decision, the Supreme Court of Colorado reversed, in pertinent part, a decision by a divided division of the state’s Court of Appeals and held that a workers’ compensation carrier’s settlement with a third-party tortfeasor... Read More

The execution of a settlement agreement, in which the employee, a residential counselor at a Pennsylvania inpatient psychiatric facility, received a $40,000 lump sum from the employer in connection with injuries the counselor sustained when she was attacked... Read More

Citing Larson’s Workers’ Compensation Law , and stressing that a surviving spouse’s death benefits claim is not derivative of the injured worker’s claim, a Maryland appellate court found that a settlement agreement and full release... Read More

By Mark Popolizio, Esquire Section 111 Senior Legal Counsel Crowe Paradis Services Corporation The Centers for Medicare and Medicaid Services (CMS) will implement a new Self-Calculated Final Conditional Payment Amount option beginning in February 2012... Read More

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

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... Read More

Larson's Spotlight on Fraud, Unfair Settlement Practices, Penalty for Late Payment, and Altercation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, and Thomas P. Kieselbach, Esq., Cousineau McGuire Chartered, Minneapolis, MN The Minnesota Department of Labor & Industry’s (DLI) newly released survey on “... Read More

The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had... Read More

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Here’s the fourth batch of advanced postings for the July 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. City... Read More

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk... Read More

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for... Read More