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.”

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). 

In the arena of workers’ compensation, attorneys heavily scrutinize the credentials of physicians, combing through every certification, publication or piece of education that is susceptible to attack.

So your Claimant was injured by the negligence of some third party and you are paying workers’ compensation benefits.  What can you do to protect your subrogation rights?

Over the years, we’ve been confronted with glaring headlines involving lawsuits that appear ridiculous. At times however, the plaintiffs may produce sufficient evidence to support their claims, as in the McDonald’s third degree burns from hot coffee litigation.

It’s no secret there is an opioid crisis in this country. Millions of Americans – including injured workers - are prescribed opiate pain medications. Seen as an effective substitute for such drugs, many individual states have legalized the use of medical marijuana.