With the advent of the Medicare Coordination of Benefits (COB) section, counsel for the claimants must consider and work with Medicare issues in nearly every Workers Compensation settlement. COB’s mandate, to enforce federal statutes and regulations so as to recover health care payments by the Medicare program during the pendency of an injury claim or…
Continue readingThe following is an outline of considerations with regard to the receipt of Medicare benefits by workers compensation claimants pre- and post-settlement. The Centers for Medical and Medicare Services (“CMS”) and Medicare Secondary Payer (MSP) rules for workers compensation claimants who are (or become) eligible for Medicare benefits can be simplified as follows: 1. If…
Continue readingAn ABRAMS LANDAU client who was partially disabled after back surgery relocated to California from Maryland. She then had a brain aneurysm which rendered her totally disabled. When the Insurance Company tried to cut off her benefits, the Workers Compensation Commission ruled in favor of the employee. The Commission found that as she was disabled…
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Some of our clients have asked me about Health Savings Accounts (or “HSAs”). HSAs started out as a way to help pay medical expenses. There are tax advantages to HSAs, and they may also be a way to save for retirement. To qualify, you had to sign up for a health or medical insurance plan…
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This summer, we had animal-attack cases pending in courts in Virginia, New Jersey, and Connecticut. At trial in a dog-attack case in New Jersey, we were able to convince the trial judge to allow evidence of prior and subsequent attacks on others in the neighborhood, despite strict liability statute and case law that said such…
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