The future of the US workers’ compensation system is more difficult to comprehend almost on a daily basis, as the pendulum of change
continues to swing to extremes and the ground becomes more fertile for
political change. The recent decision in the State of Florida declaring that state's system unconstitutional ads to the continuing tension.
A few weeks ago, I attended Florida workers’ compensation
attorney Gerald Rosenthal’s presentation at the national convention of the American
Association for Justice in Baltimore. He spoke at an academic seminar
concerning the Affordable Care Act (ACA), ERISA and RICO. In his through
evaluation he raised more problems than solutions, from a shortage of primary
care physicians, opt-out systems, the evolution of wellness programs, ERISA
subrogation rights and RICO claims.
During the discussion phase of the presentation, Mr.
Rosenthal entertained a comment from the national guru on Social Security
subrogation issues and Medicare Secondary Payer policy, Hank Patterson of
North Carolina. The topic evolved into a discussion of using health care
policies purchased as part of a workers’ compensation settlement to avoid
subrogation involvement by the Centers for Medicare and Medicaid Services (CMS). The jury is still out on that
issue.
There are many known unknowns as to what effect the ACA will
have the transformation of workers’ compensation in an era of major economic,
political and social adjustment in the
United States.
As Senator Elizabeth Warren (D-MA), author of “A Fighting Chance”, dramatically noted in a
panel discussion with Professor Thomas Piketty, author of “Capital in the Twenty-First Century,”
this week at the Old South Meeting House in Boston, the even growing
economic dichotomy has had major impact on American workers’ as benefits
continue to diminish.
Massive changes in the workplace even become more
problematic when viewed in light of the changing landscape of medical delivery
and restrictions made to health research. The known unknowns to the future of
the nation’s century old workers’ compensation are now becoming more numerous
almost on a daily basis.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters).
