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workers’ comp settlement

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…)

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…)

Drinking and Georgia’s Workers’ Compensation Law Don’t Mix

Occasionally, when the members of the Ramos Law Firm are preparing to defend an employer against a workers’ compensation claim we come across evidence indicating that the injured employee may have been intoxicated when he was injured at work. (more…)

Preparing for Mediation

Meditation is an informal means to try to resolve a claim quickly without the need for Court intervention. If both parties approach mediation in good faith, a resolution can often be reached. While informal, (more…)

Workers’ Compensation Settlement and Medicare Set-Asides

Developing a Medicare Set-Aside makes it easy for insurers to consider Medicare’s interests during workers’ compensation negotiations. Federal law requires that employers, group health plans, and insurance companies, consider the Centers for Medicare and Medicaid Services’ (CMS) interests during the settlement of workers’ compensation claims. There are several ways the parties may consider CMS’s interests (more…)

What is Subrogation?

Essentially, subrogation is the assumption of legal rights of someone whose debts or expenses have been paid. The simplest example is when an employee is injured in a car accident with a third party.  Assuming that the employee was not at fault and the accident arose out of and in the course of employment, (more…)

Violating the Medicare Secondary Payer Act Can Hurt Insurers’ Bottom Line

Not accounting for Medicare’s interest during workers’ compensation settlements can lead to shortfalls in insurers’ bank accounts. Under the Medicare Secondary Payer Act (MSP), the Center for Medicare and Medicaid Services (CMS) has the right to seek reimbursement of medical expenses paid by Medicare, which the workers’ compensation carrier should have made. [1] The Act requires that insurers consider Medicare’s interest during claim settlement and reimburse the Center for expenses paid towards treatment of the Medicare beneficiary’s work related injury. Participants in a settlement who fail to adhere to the Act’s rules may find themselves accosted with fines and significant liens. Developing a Medicare Set-Aside allocation can protect the parties from these fines. It also gives the parties a realistic projection of the claimant’s future medical cost and provides the opportunity to base settlement negotiations on this number.

[1] 42 U.S.C. §1395y (b)(2)(B)(i)(ii)(iii)

Who We Are

 

 At the Ramos Law Firm our legal team has over 30 years of combined experience. The Firm was founded in April of 2005 and has been helping injured workers fight for the benefits they deserve since they opened.

 

Bryan Camacho Ramos is the founder and principal of the firm. He has handled thousands of cases over his career. He has significant trial experience ranging from the simple hand strain to complex catastrophic cases involving complicated medical issues and housing considerations. Mr. Ramos has utilized alternative dispute resolution methods and conferences to reach the best result for his clients. Additionally, many clients have provided testimonials attesting to their positive experiences with the Ramos Law Firm. Mr. Ramos devotes many hours every month to community service events and charities. Additionally, Mr. Ramos is active within the Asian and Hispanic communities.

Mr. Ramos has published dozens of articles on numerous topics involving workers’ compensation in both national and local law journals. He regularly conducts client seminar and lectures.  Additionally, he mentors young attorneys who have recently passed the Bar and are just beginning their practice of law.

Gail Bailey is the Senior Paralegal and Legal Administrator for the firm. She has been with the firm since August of 2005 and has worked in Atlanta law firms since 1997. Mrs. Bailey has conducted a number of seminars/webinars through NBI, Inc. for paralegals in both the Atlanta area and on a national level.

 

Melissa Krick joined the firm in August of 2009 as the firm’s receptionist and has since moved into the position of Legal Assistant/Paralegal. While having only been with the firm a couple of years, she has been in the legal industry for over nine years. Ms. Krick interacts with clients on a day to day basis and is often the first point of contact.