Hear what our attorneys are saying

29
Jul 2020

Diagnostic Studies in the Allocation: Guiding Principles

By Julie A. Garrison     

  Almost every Workers’ Compensation Medicare Set-Aside (WCMSA) includes future diagnostic imaging studies, usually x-rays and MRIs.  For most work injuries, and especially orthopedic ones, diagnostic imaging studies are commonly done early in treatment.  They may be done on an emergent basis.  And it is not unusual for repeat studies to be conducted for more
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29
Jul 2020

Timing Your Total Payment Obligation to Claimant (TPOC) Report Under Section 111

By Rasa Fumagalli     

  Most workers’ compensation claims adjusters would agree that the best claim is a closed one.  Although the ideal settlement closes all aspects of the claim at once, this is not always feasible.  The unique circumstances of a claim may result in an indemnity only settlement with future medical rights remaining open.  The settlement terms
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29
Jul 2020

Uncertain Surgery Costs: A Call for Transparency in WCMSA Pricing of Allocated Surgeries

By Joseph Gregorio     

  One of the most significant cost-drivers in MSAs can be surgeries.  In addition to CMS becoming more aggressive in allocating for surgeries, we have recently seen the costs of these procedures increase as well.  This brings back not-so-fond memories from a few years ago when CMS began including urine drug screens in MSAs where
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29
Jul 2020

The Importance of Teamwork

By Michelle Hitsch     

  At NBKL, we pride ourselves in our ability to take teamwork to the next level, and in a recent MSA case, we put this teamwork to the test.  The case involved a complex injury with multiple reconstructive surgeries and significant ongoing care, but our client was only able to provide limited medical records. With
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15
Jul 2020

Medicare Secondary Payer Recovery Portal Enhancements

By Rasa Fumagalli     

  The Medicare Secondary Payer Recovery Portal improvements were rolled out on July 13, 2020. New features provide authorized users with access to information regarding the status of the Ongoing Responsibility for Medical report as well as the ability to view and print correspondence in a case. Although the ICD codes associated with the conditional
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