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March, 2009:

What is ADR and how does it help?

Recently, the Daily Report sat down with some alternative dispute resolution [ADR] experts to discuss how ADR can reduce the costs of litigation.

There are three principal types of ADR that are commonly used.  Mediations are commonly used for (more…)

Georgia Workers’ Comp Bill Presently Before The House

On February 25, 2009, the House Committee on Industrial Relations offered a substitute to House Bill 330, which directly affects the current Georgia Workers’ Compensation Act (Chapter 9 of Title 34 of the Official Code of Georgia Annotated).

The proposed law change: (more…)

Death and the Medicare Set-Aside

A colleague recently asked me what happens to the funds placed in an established Medicare Set-Aside when the injured employee/beneficiary dies before the funds are completely exhausted. Since my legal responsibility usually ends once an MSA is established I did not readily know the answer to this question and I had to dig through old policy memorandums issued by the Centers for Medicare and Medicaid Services (CMS) to find the answer.  According to the policy memorandum issued on April 22, 2003, (more…)

New York Prepares to Close Second Injury Fund

As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later, (more…)