Monthly Archives: September 2024

Navigating Labor Code 4062.3: A Defense Attorney’s Guide to Fair Medical Evaluations in Workers’ Compensation Cases

In California’s workers’ compensation system, medical evaluations are often the battleground where key disputes over treatment and disability ratings are resolved. As a defense attorney, protecting the interests of employers and insurance carriers requires a solid understanding of Labor Code 4062.3, which governs communication with medical evaluators, particularly Qualified Medical Evaluators (QMEs) and Agreed Medical […]

Understanding Conditional Payments in Workers’ Compensation and Medicare Set-Asides

Navigating the intersection of workers’ compensation claims and Medicare can be complex, particularly when it comes to understanding the concept of conditional payments. These payments are an essential part of the Medicare Secondary Payer (MSP) rules and play a significant role in the administration of Workers’ Compensation Medicare Set-Asides (WCMSAs). In this blog post, we […]

Understanding the WCRC Review Process: A Crucial Step in Medicare Set-Asides

When dealing with Workers’ Compensation Medicare Set-Asides (WCMSAs), one critical phase that often determines the outcome is the review process conducted by the Workers’ Compensation Review Contractor (WCRC). The WCRC plays a pivotal role in ensuring that Medicare’s interests are protected by thoroughly evaluating the adequacy of proposed WCMSA amounts. This blog post will explain […]

Understanding the Difference Between Lump-Sum and Structured WCMSAs

When it comes to settling workers’ compensation claims that involve Medicare beneficiaries, one crucial aspect that must be considered is the establishment of a Workers’ Compensation Medicare Set-Aside (WCMSA). A WCMSA allocates a portion of the settlement to cover future medical expenses that would otherwise be paid by Medicare. There are two primary ways to […]

Understanding Medicare Set-Asides: When and Why to Submit to CMS

When settling a workers’ compensation claim, particularly when the claimant is a Medicare beneficiary or may soon become one, it is crucial to consider Medicare’s interests regarding future medical expenses. This is where a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) comes into play. A WCMSA is designed to allocate a portion of the workers’ compensation […]