Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

SSDI in Freefall

The Social Security Administration's (SSA) Disability Insurance (SSDI) program has undergone a dramatic transformation over the past decade. New data from SSA's Office of the Chief Actuary reveal a steep and sustained decline in disabled-worker beneficiary rolls, a trend with profound consequences not only for disabled workers but also for the workers' compensation system that frequently intersects with SSDI benefits.

CMS Tightens WCMSA Compliance Rules

The Centers for Medicare & Medicaid Services (CMS) has released Version 4.5 of the Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide, dated April 13, 2026 (COBR-Q2-2026-v4.5). While the technical updates in this version are modest, they come amid sweeping enforcement changes that every workers' compensation practitioner must understand.

Gelman on Workers' Compensation Law 2026 Update Now Available

Jon Gelman's newly revised and updated treatise on Workers' Compensation Law 2026 has been published by Thomson Reuters of Eagan, MN. This marks the 40th annual supplement to the New Jersey Practice Series on Workers' Compensation Law. The treatise is the most comprehensive, research-integrated work, on Workers' Compensation law, and is fully integrated with Westlaw.

CMS Penalties Hit Workers' Compensation

Workers' Compensation - Medicare Secondary Payer Compliance

Medicare's Post-Acute Care Crisis

Post-acute care has emerged as a critical pressure point in workers' compensation claims, driven by Medicare policy changes and skyrocketing costs that directly impact claim settlements and future medical allocations.

WCMSA Gap Widens Dramatically

The Centers for Medicare & Medicaid Services (CMS) has released its fiscal year 2025 statistics for Workers' Compensation Medicare Set-Aside Arrangements (WCMSAs), revealing a striking trend that should concern workers' compensation professionals: the gap between what parties propose and what CMS recommends is at an all-time high.

Podcast: Chevron Falls: Workers' Compensation Survives

This podcast reviews the workers' compensation landscape one year after the US Supreme Court's Loper Bright decision, which struck down the Chevron defense.

Chevron Falls: Workers' Compensation Survives

A year ago, we examined how the Supreme Court's landmark decision in Loper Bright Enterprises v. Raimondo might reshape the workers' compensation landscape, particularly regarding Medicare Set-Aside (MSA) agreements and the Centers for Medicare & Medicaid Services' (CMS) administration of the Medicare Secondary Payer (MSP) Act. Now, with twelve months of hindsight, we can assess what has actually transpired—and what remains uncertain.

Shutdown Threatens Workers' Compensation Settlements

As the September 30 deadline looms, workers' compensation professionals nationwide face an unprecedented crisis that could freeze thousands of settlements, leaving injured workers in a state of financial limbo.

WCMSAs: What You Need to Know

The Centers for Medicare & Medicaid Services (CMS) recently hosted an informative webinar on Workers' Compensation Medicare Set-Asides (WCMSAs), shedding light on these crucial financial agreements and their impact on workers' compensation claims. 

Medicare Set-Aside Shake Up Ahead?

Awaiting a decision from the U.S. Supreme Court, Federal Communications Commission v. Consumers' Research is poised to potentially redefine federal administrative agencies' authority scope. This shift could flow into various regulatory processes, including the Workers' Compensation Medicare Set Aside Agreements (WCMSAs) adjudication. 

NIOSH Gutted: Worker Safety at Risk?

The news sent shockwaves through the occupational safety and health community: the National Institute for Occupational Safety and Health (NIOSH) is facing near elimination due to significant restructuring within the Department of Health and Human Services (HHS). But what does this mean for the everyday worker and the future of workplace safety?

DOGE and Medicare Set Aside Agreements

This is the first in a series of posts concerning the potential impact of the US Department of Government Efficiency (DOGE) on the nation's patchwork of workers' compensation systems.

Podcast: Medicare Set-Aside Agreements after the Loper Bright Decision

My recent post about the US Supreme Court's decision in the Loper Bright case and its impact on Medicare Set-Aside Agreements has received considerable interest. To expand the discussion further among all workers' compensation community stakeholders, we have generated a free podcast on this topic.

Chevron's Fall: Medicare Set-Asides Face Legal Shake-Up

The recent U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo (2024), which overturned the Chevron doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., is likely to have significant impacts on how the Centers for Medicare & Medicaid Services (CMS) operates regarding the Medicare Secondary Payer (MSP) Act, including conditional payments and Medicare Set-Aside (MSA) agreements. 

Impacts of a Governmental Shutdown

The effects of a government shutdown on state workers' compensation systems and their integration with Social Security will vary depending on the specific circumstances of each state. However, some general trends can be expected.

Misclassification: 16 Workers Held to be Employees

 An employer need not control every facet of a person's responsibilities for that person to be deemed an employee.

“Forever Chemical” Delaware Settlement $50 Million

It has been reported that DuPont and two other spinoff companies will pay the state of Delaware $50 Million to clean up the residuals of polyfluoroalkyl substances [PFAS] pollution. 

Just Published: 2018 Update - Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"