Workers' Compensation News - Oct 3, 2006, Volume 4 Issue 409
NEW MEDICARE RECOVERY PROCEEDURE – Medicare Secondary Payer
The Centers for Medicare & Medicaid Services (CMS) is consolidating all of the functions and workloads related to Medicare Secondary Payer (MSP) post-payment recoveries into one MSP recovery contract. The contract for the new national MSP Recovery Contractor (MSPRC) will be implemented on October 2, 2006.
The MSPRC will take over new MSP recovery claims and most existing claims. However, some existing MSP recovery claims will remain the responsibility of the claims processing contractors. The following sections will help you determine how the change to a national MSPRC will affect you.
TWO SAGO MINE WORKERS COMMIT SUICIDE
2 workers from Sago Mine have shot themselves
Deaths raise fears about emotional toll from disaster
Five days before the disaster, John Nelson Boni found methane building up behind the sealed area where the explosion occurred.
LATEX EXPOSURE COMPENSABLE - ALLOCATION OF LIABILITY
Evidence supported finding that claimant did not sustain any increased impairment or advancement of her latex allergy while working for subsequent employers.
HUFFAKER v. ST. MARY'S HEALTH SYSTEM, INC
2006 WL 2522141, --- S.W.3d ----, 2006 WL 2522141 (Tenn.)
WORKERS' COMPENSATION COURT JURISDICTION OVER TEACHER'S SICK LEAVE IS RESTICTED
Employer successfully argues that administrative settlement agreement bars additional recovery before the workers' compensation agency.
VINCENTI v. STATE OPERATED SCHOOL DISTRICT OF PATERSON PASSAIC COUNTY
2005 WL 4767970 (N.J. Adm.)
EMPLOYEES PRESENTED VALID RICO CLAIM AGAINST EMPLOYER
Employees of a large carpet and rug manufacturer stated a Racketeer Influenced and Corrupt Organizations Act (RICO) claim against their employer. The complaint alleged that the employer's widespread and knowing employment and harboring of illegal workers allowed it to reduce labor costs by depressing wages for its legal hourly employees and discouraging workers compensation claims.
"As for plaintiffs’ claims that hiring illegal workers resulted in fewer worker’s-compensation claims, there is no reasonable allegation that this fact, even if true, is connected to the plaintiffs receiving lower wages. To put it another way, the fact that Mohawk may have increased profits by lowering the number of worker’s-compensation claims it paid is not related to what wages Mohawk paid the plaintiffs. Consequently, the district court correctly determined that the plaintiffs did not have standing to assert this claim.
Supreme Court Decision:
"The writ of certiorari limited to Question 1 presented by the petition, granted at 546 U. S. ___ (2005), is dismissed as improvidently granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Anza v. Ideal Steel Supply Corp., ante, p. ___.
Thursday, October 12, 2006 Workers' Compensation Motion Practice
The Newark Club, Newark
5:00 PM to 9:00 PM