Medicare Secondary Payer: The Shape of Things to Come, by Jennifer C. Jordan, Esq. 2013 is shaping up to be a big year for MSP change. The question is whether that change will be good or bad. Last summer we were hopeful the new WCRC contractor would bring about positive change on the WCMSA front, but after several months, have found more of the same subjective and irrational determinations we endured with the old contractor but without the familiarity and predictability. So with new law to implement and additional personnel and contractor changes anticipated at CMS this year, the uncertainty of what this year holds in store for us is greatly compounded. Guess we can only wait and see. Meanwhile, here is what you have been missing since we went to press for the 2012 edition of The Complete Guide to Medicare Secondary Payer Compliance (LexisNexis). Read more.

Undocumented Worker's Permanent Loss of Earning Capacity, by Thomas A. Robinson. Citing Larson's Workers' Compensation Law, the Supreme Court of Nebraska recently held that an employee's illegal residence or work status does not bar an award for permanent loss of earning capacity, even when the worker relocates to the community of his origin where no data exists to support a finding as to the worker's post-injury earning capacity. The court reasoned that...Read more about this case and other cases on Employee Status, Borrowing Employer, and Tort Action Against Third Party.

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