Hear what our attorneys are saying

24
Apr 2019

“Medicare for All” for the MSP Mindset

By Julie A. Garrison     

  As the new Congress settles in and the presidential campaigns heat up, there is renewed talk of “Medicare for All.” The possibility of universal health care insurance raises questions over how CMS/Medicare would manage workers’ compensation claims and the coordination of benefits when everyone is covered by a government-run, single-payer system. No doubt there
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24
Apr 2019

Economic Consequences of the Opioid Epidemic

By Geraldine Balow     

  In March of 2018, the Centers for Disease Control and Prevention reported there were 63,632 drug overdose deaths in 2016; 42,249 (66.4%) involved an opioid. The CDC also reported America’s overdose epidemic was spreading geographically and increasing across demographic groups. Overdose deaths increased in all categories of drugs examined for men and women, people
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24
Apr 2019

Can Remaining WCMSA Funds Revert to the Primary Payer or Not?

By William Delaney     

  After a protracted settlement negotiation involving a high six figure Workers’ Compensation Medicare Set Aside approved by CMS, the parties finally reached a settlement. One of the main issues in dispute was reversion of any remaining MSA funds upon death of the claimant and payment of any remaining related medical bills. The parties agreed
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03
Apr 2019

The Attack on the Exclusivity Provision of the Illinois Workers’ Compensation Act Continues

By Keith Herman     

  Section 5(a) of the Illinois Workers’ Compensation Act provides, in part: No common law or statutory right to recover damages from the employee . . . for injury or death sustained by any employee while engaged in a line of his duty as such employee, other than the compensation herein provided, is available to
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02
Apr 2019

Slippery When Wet? 8 Steps Employers Need to Take Immediately After a Slip and Fall

By Kelly Wiggins     

  The Illinois Appellate Court recently released a very important decision for employers in Illinois answering the question: Is concrete slippery when wet? Luckily for employers, the answer to that question is a resounding “no” thanks to the holding in Dukich v. The Illinois Workers’ Compensation Comm’n, 2017 IL App (2d) 160351WC. As the defense
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