Uncertainty Over Whether N.F.L. Settlement’s Money Will Last

As intriguing football matchups go, Sunday’s Super Bowl has nothing on one looming down the turnpike in federal court in Philadelphia — with Judge Anita B. Brody the ultimate referee.

Brody, considering the N.F.L.'s recent settlement with 4,500 retirees over work-related brain injuries, has asked both sides to demonstrate that their $765 million bargain will fulfill its promise to compensate every currently retired player who has or will develop a neurological condition such as dementia or Parkinson’s disease.

Lawyers for the plaintiffs and the N.F.L. said independent actuaries and medical experts had endorsed the terms of the settlement. But the lawyers refuse to share any of their data with the public to help substantiate how they arrived at the $765 million figure, and there is growing displeasure among plaintiffs who have not been allowed to see the data, either.

Numbers can speak for themselves, though, and they bring a clear warning: The $765 million could run out faster than either side apparently believes. When one forecasts how many of the roughly 13,500 currently retired players may develop these conditions over the next 65 years, compensating them as the settlement directs could very well require close to $1 billion, and perhaps more.

No one can divine how many players will develop these conditions. But the best data available comes straight from the N.F.L., and it becomes instructive after some basic guidelines.

The settlement essentially...

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N.Y. Workers’ Comp Board to Transition Established UEF Claims Management to Triad Group

The New York State Workers’ Compensation Board recently announced it will transition the management of established Uninsured Employers’ Fund (UEF) claims to the Triad Group, LLC effective Jan. 13, 2014. Triad Group, based in Troy, N.Y., is a professional service organization providing comprehensive claims management. These claims consist of established claims where liability has been determined, and medical, and/or indemnity payments must be made. Triad will perform all claim-related functions and legal representation. Claimants who have such UEF claims, and all parties of interest, including health care providers and legal representatives, will receive individual written notice of the change in claim administrator. The Workers’ Compensation Board said the transition of claim management should have no impact on claimants receiving workers’ comp benefits. Claimants who are receiving biweekly indemnity benefits will continue receiving benefits on the same schedule currently in place. For medical and transportation reimbursement requests after Jan. 13, 2014, Form C-257, Claimant’s Record of Medical and Travel Expenses and Request for Reimbursement, must be sent to Triad for processing with a copy to the Workers’ Compensation Board. For medical services provided on or after Jan. 13, 2014, in established cases only, health care providers should send new medical reports, bills and authorization requests to Triad, and a copy to the... [Click here to see the rest of this post]

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Hip Replacement Lawsuit: ASR Settlement ($2.5 Billion) Benefits Announced

The settlement terms of the ASR HIp Implant lawsuit have been announced:

The ASR Settlement provides for three basic areas of compensation. 

The first is a Base Payment to all ASR Claimants (XL and resurfacing) who have undergone a revision surgery, removing the 
acetabular cup, prior to August 31, 2013. 

The second is for Claimants who have undergone a revision surgery in both their left and right hips (Bilateral Claimants). 

The third addresses patients who have suffered a variety of medical complications following a revision surgery (Extraordinary Injury Fund).

 In addition, the Settlement provides for the resolution of healthcare insurance liens for 
medical costs that are directly associated with the revision surgery, at no additional cost to the 
claimant. 

Click here to read the complete press release issued by the Settlement Oversight Committee

Click here to read about the lawsuit.

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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RICO Case Dismissed By Trial Court After US Supreme Court Decision

A Federal District Court in Michigan has dismissed a RICO [Racketeer Influenced and Corrupt Organizations Act] claim against Cassens Transportation Company and several other defendants. This is the third time the case was negatively reviewed by the US District Court in Michigan and follows a landmark decision in the US Supreme Court supporting the RICO action that flowed from an underlying  by a workers' compensation action.

"The Court concludes that Plaintiffs' exclusive remedy for their claim that they were fraudulently denied benefits under the WDCA [Workers' Disability Compensation Act] lies within the exclusive administrative scheme set forth in the WDCA which forcloses their RICO claim."

Brown v Cassens Transportation Company, et al. No. 04-cv-72316, 2010 WL 3842373, Decided Sept. 27, 2010.

Click here to read more about RICO claims and workers' compensation.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.