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Find Solutions & Strategies March 14, 2011 |
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Medicare Set-Asides and Special Needs Trusts | |
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A Note From the Editor |  |
Dear WC Professionals:
Thanks to Jennifer Jordan for writing an eye-opening piece about Medicare Set-Asides and Special Needs Trusts. I encourage you to purchase her book, The Complete Guide to Medicare Secondary Payer Compliance. See why hundreds of others have come to trust this reliable resource.
Sincerely, Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Centennial Symposium |
April 7, 2011
Intercontinental Hotel
Boston, MA |
Making History:
Celebrating 100 Years of Workers' Compensation
Keynote Speaker

Lex K. Larson
Author of Larson's Workers' Compensation Law (LexisNexis)
Register today |
Workers' Comp Profile |
New York Workers' Compensation Alliance Blog, published by a "coalition of injured workers and other stakeholders committed to protecting the rights of injured workers under the New York State Workers' Compensation Law," is a compendium of news, commentary, and discussion on virtually all issues pertaining to injured workers. During the past year the Blog's criticism of the state's proposed Managed Adjudication Path and its commentary related to medical guidelines for permanent disability have been particularly compelling. The Blog was a Top 25 Blog for 2010 awarded by LexisNexis. |
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msa and special needs trusts |
Medicare Set-Asides and Special Needs Trusts, by Jennifer C. Jordan, Esq.
"Not many people have really taken the time to understand what a Medicare Set-Aside will do to qualification for Medicaid if claimants find themselves in need of long-term care and do not have insurance for it, as many do not."
Now that those involved in personal injury settlements, whether workers' compensation or liability insurance based, have finally come to understand the Medicare Secondary Payer Act ("MSP") to some extent, it appears that they have also begun to realize that the act of establishing a Medicare set-aside arrangement ("MSA") may have detrimental results if consideration of anything other than Medicare's interests are not taken. One such consideration should be Medicaid eligibility. > Read more |
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Larson's spotlight: 5 recent cases you should know about |
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was c ompiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.
> Read the summaries & court decisions.
1. OR: Worker's MRSA Infection Was an Accidental Injury, Not an Occupational Disease
2. WY: Worker Is Unsuccessful in Establishing Claim for Alleged Exposure to "Chemical Cloud" While Driving
3. MS: Department Store Employee Fails to Establish Psychological Injury under State's "Clear and Convincing" Evidence Standard
4. AL: Charity Was Worker's Special Employer and Enjoyed Immunity from Tort Action
5. FL: Contract of Employment Completed in Florida In Spite of Worker's Need to Travel to Utah |
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wisconsin union battle update |
Wisconsin Governor Signs Bill to Eliminate Most of the Collective Bargaining Rights of Public Employees. After four weeks of political stalemate, the Republican majority in the Senate figured out a way to pass a bill that didn't require a quorum of senators. Governor Scott Walker on Friday signed the bill, which strips most of the collective bargaining rights of public sector unions (police and firefighter unions are exempt), increases the amounts the state's public employees must pay for benefits, and makes it more difficult for public unions to retain members. Read the bill.
All eyes now turn to Ohio to see if a similar anti-union measure will be enacted, and if voters will launch a ballot initiative. |
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must see tv? "workers comp" |

The Hollywood Reporter has announced that Morgan Fairchild and Robert Carradine will be starring in a new comedy series "Workers Comp".
It's about a family-run insurance company and all the bizarre workers comp claims they have to manage.
Filming begins April 10 in Florida. > Read more |
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blog round up at the lexisnexis workers' compensation law community |
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 3/11/2011. Read it.

MO: Commission Reverses Sanctions For Tenuous Defense, by Martin Klug. Read it.
MO: Hunting Trip Accident Denied Under Mutual Benefit Doctrine, by Martin Klug. Read it.
DE: Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special, by Cassandra Roberts. Read it.
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how to achieve medicare secondary payer compliance
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Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
"The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."
- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP).
"I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."
- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia.
"Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."
"An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law."
- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc. Read her complete review at Workers Comp Kit Blog.
There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries an inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
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 | 2010 Edition - Call 800-833-9844 |
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what's new in larson's workers' compensation law |  Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below. Find out more about how to become a Larson's online subscriber by contacting: Robin.E.Kobayashi@lexisnexis.com.
Injuries Sustained While Retrieving Pay Found Compensable. In Phelps v. Dispatch Printing Co., 2010 Ohio 2423, 2010 Ohio App. LEXIS 1987 (June 1, 2010), the court affirmed an award of benefits where an employer had a policy that allowed an employee to receive his or her pay in person and the employee, a journeyman/pressman, was on the employer's premises retrieving his check when he fell and sustained injuries. [See Ch. 26, § 26.03[1] n3] |
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ENEWSLETTER ARCHIVES |
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com. March 7, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html February 28, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html February 21, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html February 14, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html February 7, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html January 31, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html January 24, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html January 17, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html January 10, 2011 http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html January 3, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html
ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE.
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