Category: Damages
When Pain and Suffering is Anything But
In Massachusetts, as in many states, when an employee is injured in the course of work, but the injury is caused by a third party, the employee is entitled to receive workers' compensation benefits and also seek damages from the third party. For example, employee Ernie is driving the...
I'll Take a Double - Or The Danger of the Double-Recovery Provision under Medicare Secondary Payer Statute
Many of you are aware of the Medicare Secondary Payer Act, or MSP. It was enacted to stop cost-shifting from a third party who is responsible for payment of medical costs onto Medicare. We see this issue arise in workers' compensation when an employer/insurer contests responsibility for medical treatment...
