District of Columbia, United States District Court Government Building – Premises Liability – Settlement Settlement: $40,000, including a reduction of a worker’s compensation lien. Judge: Royce C. Lamberth Settlement Date: 2/2007 Plaintiff’s Attorney(s): Douglas W.K. Landau, Herndon Age: 47 Sex: F Occupation: Child care director Marital Status: Married Facts: A government employee was injured in a…
Continue readingDoug Landau has been involved in a number of cases that turn on the question of whether the injured worker is an “Employee” or an “Independent Contractor.” Sometimes this question is not as easy as it sounds. At ABRAMS LANDAU, Ltd., we have researched this question on behalf of clients from all over the world.…
Continue readingWith 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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