NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a settlement stemming from an accident that occurred several years ago. The petitioner’s counsel argued that the MSA funds, which were allocated for future medical expenses and past Medicare reimbursements, should be counted as part of the gross settlement amount used to...
By: Weber Gallagher Simpson Stapleton Fires &

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