Under the SMART Act, the Centers for Medicare & Medicaid Services (CMS) is required to set minimum Section 111 mandatory reporting thresholds for liability claims, as well as establish a “safe harbor” regarding conditional payment reimbursements. For liability claims, this number was originally set as $300 as of September 6, 2011, then raised to $1000…
According to a release issued by the Centers for Medicare and Medicaid Services (CMS) late Thursday, June 9, 2016, CMS is again considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance settlements. Per the official release, “CMS plans to work closely with the stakeholder community to identify how best to…
If employers or carriers have a statute of limitation defense, this defense should be identified early and analyzed as a potential basis for denying the claim.
Employers and carriers should be careful to discuss with their attorneys what documents are in existence and whether these documents are discoverable.
The North Carolina Supreme Court has granted the City of Greenville’s Petition for Discretionary Review in Wilkes v. City of Greenville.
The decision in Whicker provides a reminder of what the Court will look at when determining whether there is joint or lent employment between two employers.
Governor Pat McCrory announced today that Bill Daughtridge, formerly Secretary of Administration, has been appointed a Commissioner at the North Carolina Industrial Commission.
Parties considering an appeal should remember that the Court of Appeals will not overrule the Industrial Commission’s “findings of fact” unless there is no evidence to support those findings.
Charlton L. Allen Named Chairman of the North Carolina Industrial Commission Governor Pat McCrory has selected Charlton L. Allen to be the next Chairman of the North Carolina Industrial Commission, effective February 1, 2016. Mr. Allen succeeds Andrew T. Heath who will become State Budget Director. Official Press Release REMINDER FOR ELECTRONIC DOCUMENT FILING STARTING…
Medicare Issues in Liability and Workers’ Compensation Settlements by Daniel W. Hayes, J.D., M.S.C.C., was written to guide practitioners through their analysis of how to best consider Medicare’s interests when resolving claims involving medical exposure. The book is presented from the perspective of an insurance defense attorney with over 18 years in practice, who is…