Workers' Compensation

Recent Posts

Medications We Frequently See in Workers’ Comp Physician Reports
Posted on 23 Nov 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The following chart lists the brand or common and chemical names of drugs we regularly see in our cases embedded in medical-legal reports, treating physician reports and subpoenaed medical records. Some physicians randomly use... Read More

NCCI Research Brief on Medicare Set-Asides and Workers' Compensation
Posted on 21 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

NCCI has recently examined the demographics related to MSAs (distributions of amounts of MSAs and total settlements that include MSAs; distributions of ages of claimants) and the aspects of the CMS review process (length of time from submission to CMS... Read More

National and State-by-State Workers' Comp News Roundup Powered by Larson's (9/4/2012)
Posted on 4 Sep 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: CMS Announces Coverage Change Re TENS Units Included... 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 WCMSA: Separate Settlements for Each Claim - The Benson Case
Posted on 5 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability... Read More

Recent Medicare Set-Aside Changes
Posted on 14 Mar 2012 by Jennifer Jordan

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... Read More

MSP Compliance and the Late, Great Jerry Garcia
Posted on 27 Sep 2011 by Robin E. Kobayashi

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say... 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

Love It or Hate It: Medicare Secondary Payer Enforcement Is Here to Stay
Posted on 2 Aug 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. Progress is the theme of this year’s update to The Complete Guide to Medicare Secondary Payer Compliance , 2012 Edition (available in October; see special offer below). Nothing has improved so much that people don’t... Read More

How California Handles the WCMSA Process
Posted on 29 Dec 2011 by Robert G. Rassp, Esq.

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation... Read More

How California Handles the WCMSA Process
Posted on 29 Dec 2011 by Robert G. Rassp, Esq.

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation... Read More

MSP Compliance and the Late, Great Jerry Garcia
Posted on 27 Sep 2011 by Robin E. Kobayashi

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say... Read More

Medications We Frequently See in Workers’ Comp Physician Reports
Posted on 23 Nov 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The following chart lists the brand or common and chemical names of drugs we regularly see in our cases embedded in medical-legal reports, treating physician reports and subpoenaed medical records. Some physicians randomly... 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