Workers' Compensation

Recent Posts

Federal: Bankruptcy Trustee Has No Claim to Worker’s MSA Held in Bank Account
Posted on 9 Jan 2015 by Larson's Spotlight

A Federal Bankruptcy Court in Pennsylvania has held in relevant part that a Medicare Set-Aside is not subject to administration by a bankruptcy trustee because it is not property of the bankruptcy estate in spite of the fact that it might be held in a... Read More

California Workers' Comp Case Roundup (6/5/2017)
Posted on 5 Jun 2017 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... 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

Medicare Secondary Payer Concerns in 2017: A Perfect Storm Could Be Brewing
Posted on 31 May 2017 by Jennifer Jordan

Medicare secondary payer (MSP) compliance issues remain a hot topic at insurance industry conferences and the 2017 RIMS Annual Conference did not disappoint those seeking the latest MSP news. As the annual RIMS gathering generally serves as a barometer... Read More

Opt Outs to Workers’ Compensation: The Real Disconnect in What Is Being Said and What Is Being Implemented
Posted on 22 Jan 2016 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC The National Workers’ Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that... Read More

The Rassp Report
Posted on 26 Jan 2013 by Robert G. Rassp, Esq.

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2015 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends... Read More

Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments
Posted on 9 Mar 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire In Caldera v. Insurance Company of State of Pennsylvania , No. C-11-321, 2012 U.S. Dist. LEXIS 12888 (S.D. Texas February 2, 2012) a claimant filed a private cause of action claim against the workers’ compensation carrier... 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

CMS Announces New "Self-Calculated Final Conditional Payment Amount" Option for Certain Liability Claims
Posted on 17 Dec 2011 by Mark Popolizio, Esquire

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

Jennifer Jordan Interview on The Complete Guide to Medicare Secondary Payer Compliance - A New Handbook Published by LexisNexis
Posted on 2 Dec 2010 by LexisNexis Workers' Comp Law Newsroom Staff

At the 19th Annual Workers' Compensation and Disability Conference & Expo, Las Vegas, NV, attorney Robert Rassp interviewed author and editor Jen Jordan of MedVal on the new handbook The Complete Guide to Medicare Secondary Payer Compliance by... 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

The U.S. Attorney's Office for the Western District of New York Releases MSP Protocol for Liability Cases
Posted on 10 May 2011 by Mark Popolizio, Esquire

Protocol Establishes "Application for MSP Compromise" Regarding Liability MSA Proposals On May 6, 2011, the United States Attorney's Office for the Western District of New York released a one page document entitled Western District... Read More

Court Dismisses Suit Seeking to Hold Carrier Liable for Reimbursing Medicare Payments
Posted on 9 Mar 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire In Caldera v. Insurance Company of State of Pennsylvania , No. C-11-321, 2012 U.S. Dist. LEXIS 12888 (S.D. Texas February 2, 2012) a claimant filed a private cause of action claim against the workers’ compensation... Read More

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount
Posted on 23 Jun 2011 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the... 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... Read More