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Find Solutions & Strategies May 14, 2012 |
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 A New Medicare Set-Aside Reform Bill
Does H.R. 5284 have any chance at becoming law? | |
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| Note From The Editor | |
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Dear WC Professionals:
Thanks to Jennifer Jordan for giving us the lowdown on the new MSA bill. Be sure to check her company's award-winning blog, The Official Medicare Set-Aside Blog and Information Resource, for further updates & information.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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Free eNewsletter |
To sign up for this free weekly eNewsletter, click here. | |
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new medicare set-aside reform bill | |
 H.R. 5284 - Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2012, by Jennifer C. Jordan, Esq. The new Medicare Secondary Payer bill became available over the weekend and, as expected, is almost identical to H.R. 2641 as it died in the 111th Congress. Other than some sections being reordered, the majority of the changes are adoptions of CMS protocols from the voluntary review program that the previous bill attempted to improve in ways that made more sense to the settling parties. This new version panders to CMS and gives the appearance that CMS' policies are reasonable or even consistent with the MSP. The major changes are as follows... Read more.
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drug overdose | |
 Texas Court Ties Injured Worker's Drug Overdose to Side Effects of Prescription Pain Medication, by Thomas A. Robinson. It is axiomatic in workers' compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury. The most basic application of this principle is the rule that all the medical consequences and sequel that flow from the primary injury are compensable. The cases illustrating this rule fall into two groups. Read more.
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avoiding litigation | |
 Unnecessary Litigation in Workers' Comp Claims Process: Training and Communication Are Key, by John Stahl, Esq. Dr. Bogdan Savych of the Workers' Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled "Avoiding Litigation: What Can Employers, Payers and States Do" that the goals of the workers' compensation system included "delivering benefits without too much unnecessary attorney involvement and litigation." This presentation summarized a WCRI study that examined several reasons why a workers' compensation claimant (claimant) hired an attorney and that offered strategies for reducing the costs and delays associated with that legal representation. Read more.
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| Larson's spotlight: caps | |
Partially Disabled Claimant With Combined Injuries Should Not Receive More Payments Than a Quadriplegic Claimant, by Thomas A. Robinson. The Court of Appeals of New York, in a split decision, recently reversed the Appellate Division (Third Department) and held that periodic payments of a scheduled loss of use award must be deferred to the extent that those payments, when combined with payments of another disability award, would have exceeded the cap imposed by N.Y. Work. Comp. Law § 15(6). Disapproving of an earlier decision of the Appellate Division (In the Matter of Miller v. North Syracuse Cent. School Dist.), the case on which the board and the Appellate Division relied, the majority observed that...Read more about this case and other noteworthy cases involving average weekly wage, pool therapy, and nose disfigurement. |
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Conviction of California Highway Patrol Officer Affirmed By Court of Appeal, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 Missouri: Commission Guts Benefits to Sex Assault Victim, by Martin Klug, Esq. Read it.
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ENEWSLETTER ARCHIVES |
Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
May 7, 2012: Death of a Workers' Comp Opt Out Bill.
April 30, 2012: The Australian Motel Sex Injury Case.
April 23, 2012: Will the SMART Act Pass This Year?
April 16, 2012: The Battle Beween RICO and Exclusive Remedy.
April 9, 2012: Aggressive Surveillance of Injured Worker's Family.
April 2, 2012: Intoxication Presumption.
March 26, 2012: U.S. Supreme Court Decides Roberts (LHWCA case).
March 19, 2012: Recent Medicare Set-Aside Changes.
March 12, 2012: SCOTUS Hears Roberts Oral Argument.
March 5, 2012: The Defense of Intentional Self-Injury.
February 27, 2012: Workers' Comp Reform: Spotlight on North Carolina.
February 21, 2012: Workers' Comp Reform: Spotlight on Illinois.
February 13, 2012: Exclusivity & Intentional Torts Under LHWCA.
February 6, 2012: Chronic Pain Treatment: New Attitudes and Alternatives.
January 30, 2012: Impact of Workers' Comp Reform: NY and CA.
January 23, 2012: Economic Costs of Occupational Injuries.
January 17, 2012: U.S. Supreme Court Decision on Outer Continental Shelf.
January 9, 2012: Top 10 Bizarre Cases for 2011.
January 2, 2012: 10 Myths and Facts About Workers' Compensation.
ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE. |
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