Workers' Compensation

Recent Posts

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

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

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

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

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

Off-Label Drugs and Workers’ Compensation Medicare Set-Asides
Posted on 11 Jun 2011 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC With the addition of Part D to the Medicare program in 2006, Medicare set-aside allocations (“MSAs”) grew exponentially overnight. The problem was further exacerbated by the April... Read More

Attorneys Fees and WCMSA - How to Stir Up a Hornet’s Nest in California
Posted on 24 Nov 2010 by Robert G. Rassp, Esq.

This article will make you squirm. Here is a vexing question – can an applicant’s attorney claim part of his or her attorneys fees off of workers’ compensation Medicare set-aside (WCMSA) proceeds when a workers’ compensation case... Read More