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Philadelphia

106 Chesley Drive

Media, PA 19063

P: (610) 627-9100

F: (610) 627-9717 

Pittsburgh

6000 Brooktree Road

Suite 300

Wexford, PA 15090

P: (724) 940-2977

F: (724) 940-2970 

Delaware

Barley Mill House

3701 Kennett Pike

Suite 100

Greenville, DE 19807

P: (302) 308-6100

F: (302) 308-6106

Copyright© 2019 Carpenter, McCadden & Lane, LLP

Finally Some Good News About MSAs

We’ve all had cases where the MSA amount has come back at a ridiculous figure and forces us to keep medical open.  And after the indemnity settles, treatment decreases significantly.  Since there was no formal right to an appeal of an approved MSA amount, we were stuck with the amount approved by CMS and there was no good way to settle the medical portion of the claim.  Hopefully not for much longer!  CMS announced yesterday that they anticipate beginning a formal “re-review” process in 2017 for Workers’ Compensation MSA amounts.  CMS expects to address situations on cases which have not settled and an MSA amount has been approved but medical treatment and/or prescription medications have substantially changed since the MSA amount was approved.  Once they begin this “re-review” process, hopefully we can revisit some of those old claims and finally settle out the medical. 

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