Projecting for Workers’ Compensation Medicare Set‐Asides (MSA) in order to prevent a cost shift burden to Medicare has been an evolutionary process since it began.

As the new Congress settles in and the presidential campaigns heat up, there is renewed talk of “Medicare for All.”

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.

After a protracted settlement negotiation involving a high six figure Workers’ Compensation Medicare Set Aside approved by CMS, the parties finally reached a settlement.

Section 5(a) of the Illinois Workers’ Compensation Act provides provides that the exclusive remedy for any employee injured as a result of a work-related accident may only pursue benefits that are provided under the Illinois Workers’ Compensation Act or Illinois Occupational Diseases Act.

The Illinois Appellate Court recently released a very important decision for employers in Illinois answering the question: Is concrete slippery when wet?

When Medicare seeks recovery of conditional payments out of a settlement, judgment, or award from a beneficiary (as opposed to a primary plan), the conditional payment lien may be reduced by procurement costs (e.g. attorney’s fees). 

The Illinois General Assembly recently passed new legislation amending the Illinois Workers’ Compensation Act (“WC Act”) and Occupational Diseases Act (“OD Act”). 

The Department of Labor recently issued an opinion letter considering the following two questions: 1) can an employee elect to take paid leave for an FMLA-covered absence before FMLA leave is used?; and 2) is an employer permitted to provide FMLA-designated leave in excess of the 12 weeks of unpaid, job protected leave provided by the FMLA?

Please join us in congratulating Bob Harrington on his recent induction into the College of Workers’ Compensation Lawyers.