The Centers for Medicare & Medicaid Services has announced that no MSA is required, and no CMS authorization is needed, when the treating doctor certifies that all treatment for the injury has been completed.
In Skinner v. Westinghouse Electric Corp., the SC Supreme Court found that a claimant with pulmonary diseases caused by the inhalation of asbestos dust could not recover for a scheduled disability under 42-9-30 and could only recover if he could prove wage loss or total disability, which he could not. The Supreme Court had denied the Petition for Rehearing, so this case will stand as reliable precedent.
In Pikaart v. A&A Taxi, Inc, the SC Supreme Court found that a claimant taxi driver was an employee of the taxi service when equally weighing the 4 control factors and that it was not bound by the Commission’s finding in this jurisdictional issue.
In three recent cases, Wallace G. (Buster) Holland procured large recoveries ($100K+) for clients for their liens in third party matters, including a claim where the client was refunded for all funds paid on the claim when the recoveries were combined with Second Injury Fund reimbursements. In each case, Buster was able to close out lifetime medical cases without ever going to the expense of a hearing. To hear details on the importance keeping defense counsel active in these cases as well as how to structure recovery to avoid future hearing costs, contact Buster or attend one of our seminars.
Wallace G. (Buster) Holland, who has served as an effective mediator for many years, attended mediation training from May 23, 2011 through May 27, 2011 and is now officially certified as a circuit court mediator in South Carolina, under the new South Carolina court rules.
Matthew O. Riddle’s article “Notice and Statute of Limitations Issues in Repetitive Trauma Cases” was published in the May 2011 issue of the South Carolina Lawyer magazine.
SC Workers’ Compensation Commission has announced a maximum compensation rate of $704.92, effective January 1, 2011.
On July 17, Courtney Gruber and Robert Gruber presented “Lawyers, Liars and Liquor,” a mock workers’ compensation claim investigation and hearing, to the SC Public Risk Management Association in Columbia.
Drake Rogers has agreed to join an ad hoc committee at the Workers’ Compensation Commission to examine the accuracy of the Commission’s current Net Present Value Table, which is used to calculate lump sum disability awards.
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