Medicare’s Unreasonable Assessment of Adequate Allocations for Drugs in Workers’ Compensation Settlements in California

MARK L. RIGGENBACH, ESQ.

Sacramento, California

I have been representing employers, insurers, and third-party administrators in workers’ compensation cases for 15 years. In my experience, settlement of a case often brings a sense of relief. That sense might be short lived, however, if the injured worker is on or eligible for Medicare, since, as attorneys and claims professionals, we might want a Medicare Set-Aside (MSA) if our plan is to settle liability for future medical care.

Why Use an MSA?