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Medicare and Workers’ Compensation- Prevention of Double Recovery

The reason for a Medical Set-Aside (MSA) is to prevent a double recovery. Simply, the federal government, through its Medicare program, believes that your worker’s compensation benefits are the primary source for payment of worker related injury expenses. Medicare wants to make sure injured workers are not paid twice, once by Workers’ Compensation carrier and …

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What Is the Medicare Set-Aside Requirement (MSA)?

Part and parcel of any settlement calculation of a workers’ compensation claim is figuring the costs of future medical care. Ideally, the calculations will be perfect and the money the insurance company pays for your medical care matches what you actually need during your lifetime. Often, though, the calculation is not correct and you end …

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Medical Non-Compliance

In addition to using a nurse case manager and a vocational rehabilitation counselor to try to terminate your workers’ compensation benefits, there are other indirect tricks the insurance carrier for the employer will try.

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Rehabilitation Transportation Costs and Other Costs

The employee is entitled to be reimbursed for expenses incurred in meeting with and complying with the Vocational Rehabilitation Officer. This includes mileage costs to see the VCR for rehabilitation meetings and the mileage cost to attend interviews, obtain and return applications

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The Role of the Employee’s Lawyer in Vocational Rehabilitation

The employee is entitled to hire an attorney to represent his worker’s compensation cases. Our firm strongly suggests every claimant have qualified Virginia legal Workers Compensation counsel. The Guidelines from the Virginia Worker’s Compensation Commission directly address the role of the employee’s attorney as follows:

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Typical Vocational Rehabilitation Manager Scenario

There are many reasons why an employee may ask to reschedule a meeting with the Vocational Rehabilitation Counselor. The employee can be ill, there can be a family function or matter to attend to, the employee may not have transportation to the Vocational Rehabilitation Counselor (VCR) that day. On occasion, the employee may forget about the meeting.

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Can Your Lawyer Approve a Workers’ Comp Settlement Without Your Permission in North Carolina?

No attorney can or should approve settlement of any legal matter including a North Carolina worker’s compensation case without your permission. Your lawyer works for you and you have the right to be informed and the right to make the decision as to settlement. As a practical matter, workers’ compensation settlements are approved through a strictly enforced process which requires that the client sign off on the settlement before it will be approved. The most a North Carolina Workers’ Compensation lawyer can do is recommend a settlement and explain the pros and cons of settling versus continuing with the litigation.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.