Reversing a decision by a federal district court sitting in California, the Ninth Circuit Court of Appeals found that the California Insurance Guarantee Association (“CIGA”) need not reimburse Medicare for conditional payments Medicare had expended...
Where an injured worker and his employer/carrier entered into settlement agreement, subsequently approved by a WCJ, calling for payment of $148,574.00 ($8,574.00 of which was to be placed in a Medicare Set-Aside Account) to the worker, and the worker subsequently...
Oakland – Nearly 70% of federally mandated and approved Medicare settlements for injured workers require funding for decades of opioid use, often at dangerously high levels and in conjunction with other high-risk drugs. Such a requirement exceeds federal...
By Jennifer C. Jordan, Esq. Since the very beginning of its MSP enforcement efforts around the turn of the century, CMS has avoided the regulatory process and developed MSP related policies and practices informally. By doing this, CMS has been able to make changes...
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 © Copyright...
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 for issues...
Fine Lines and a Glimpse at the Future In Rodriguez v. Simi Valley Unified School District, 2016 Cal. Wrk. Comp. P.D. LEXIS 671 , applicant, a custodian, sustained injury at her employer. The injury was sufficiently serious that her treating physician deemed...
At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation....
CALIFORNIA COMPENSATION CASES Vol. 82 No. 1 Jan 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 © Copyright...
The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths listed...
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 the parties’...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 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 ©...
Anyone familiar with the Workers Compensation Research Institute’s 32-year history of providing the data and analysis that industry mavericks rely upon to understand, manage and effect real change have come to expect WCRI conferences to provide the discussion...
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 2016 will be...
A Pennsylvania appellate court held that it was error to suspend a claimant’s benefits solely because she received a disability pension and had moved to Nevada for its warmer climate; there was no evidence that she had permanently removed herself from the...