Personal Injury

April 8, 2021 Rasa Fumagalli JD, MSCC, CMSP-F Medicare Secondary Payer (MSP) compliance settlement terms utilized by defendants are often overly broad in nature. The recent opinion, Kupolati v. Village of Timber Creek Association, 2021 N.J. Super. Unpub. LEXIS 7 (App. Div. Jan. 5, 2021) and Abate v. Wal-Mart Stores, No. 1:17-cv-288-SPB, 2020 WL 7027481 (W.D. Pa. Nov. 30, 2020) (mem.), highlight the problems that may arise when MSP compliances issues are overlooked or misunderstood during settlement discussions.  These cases highlight the need for collaboration between the parties as it relates to Medicare Secondary Payer terms at settlement. In…
April 8, 2021 Rasa Fumagalli JD, MSCC, CMSP-F The nature of the Workers’ Compensation Medicare Set-Aside (WCMSA) has evolved over the years since the 2001 Patel Memo. That evolution has seen us move from every WCMSA that met the Center for Medicare and Medicaid Services (CMS) internal workload review threshold being submitted to CMS for review, to now a practitioner may be offered an evidence-based medicine WCMSA, a “certified” WCMSA or a compromise WCMSA. An understanding of the differences between these various types of proposed WCMSAs and their projection methodology is important when it comes to settlement discussions. The WCMSA…
Last month marked the 110th anniversary of one of the most horrifying industrial disasters in U.S. history. On March 25, 1911, the Triangle Shirtwaist Company factory building in New York City caught fire. Flames quickly spread through the top three floors of the garment mill, which employed mostly young immigrant women. Hundreds of workers fled for their lives, only to discover that the factory’s owners had locked the doors of the exit stairwells – a common practice at the time to monitor employees. A lucky few were able to cram into the building’s only operational elevator and descend to…
Did you know that 29 people in the United States die every day from auto accidents involving drunk drivers? It’s a statistic that sadly affects millions of people and their loved ones every year. Despite rigorous public education warning against the dangers of driving while under the influence of alcohol, it’s still far too common of an occurrence.  The percentage of car accidents caused by drunk driving often shocks people who don’t realize how much a problem it is today. According to the National Highway Traffic Safety Administration (NHTSA), over 28% of all traffic-related deaths are the result of…
Indoor trampoline parks love to advertise their facilities as a fun, family friendly way to spend the day. Nationwide franchises like Sky Zone and Rockin’ Jump have exploded in popularity over the last decade by marketing themselves as premier destinations for children’s birthday parties, bar mitzvahs, and graduation celebrations. It’s easy to see why kids and parents alike are dazzled by these places. They are usually thousands of square feet and contain multiple levels of trampolines, climbing equipment, obstacle courses, and other activities. But the vibrant setting of trampoline parks obscures a dangerous reality – the industry is entirely self-regulated,…
Most people that live in Sarasota and Florida’s suncoast know someone that has a pool in their backyard. These concrete ponds are great for beating the heat on hot summer days. Homeowners enjoy swimming in the refreshing waters and washing their cares away. They also like laying out near the units and tanning. Those with pools sometimes keep them all to themselves. On other occasions, Floridians host parties to share them with friends and neighbors. 

There is nothing wrong with either choice. Regardless of what owners do with their pools, they should take precautions to ensure kids don’t drown or…
Bradenton Florida –  FHP reported two people were seriously injured after a semi-truck crash involving 4 vehicles on State Road 64 in Bradenton near Lake Manatee. The truck accident took place early Monday morning as  a 59-year old man from Williston Florida was driving a semi-tractor-trailer eastbound on east on State Road-64, west of Dam Road near Lake Manatee. At the same time, 3 vehicles were approaching the tractor-trailer heading westbound in the other lane of State Road 64. A car driven by a 22-year-old woman from Avon Park with a 21-year-old male passenger from Wauchula Florida, immediately followed by…
Wrongful death claims are lawsuits brought against a defendant when death is the direct result of either an intentional act or negligence. This type of claim is brought by the estate of the deceased and or by family or close friends; it is filed against any party or parties that are legally liable. The laws of wrongful death vary in every state; however, in every state, the plaintiff must be able to prove that the victim would not have died had it not been for the defendant’s actions or negligence. A wrongful death claim can be brought for many reasons;…
People can choose to get around Sarasota in a variety of ways. Some elect to drive cars, motorcycles, SUVs, or trucks, while others like to have folks drive them around. Hence, they schedule Uber pickups, hail cabs, or ride the bus. There are also those who prefer to travel by bicycle. They cycle from here to there and everywhere. Last but certainly not least, some Floridians use their own two feet to walk from place to place in Sarasota. Speaking of pedestrians, that is what we are focusing on today. There is nothing wrong with walking. It is a great…
This page contains the workers’ compensation rates for Maryland in 2021.  If your injury occurred in 2020 or 2019, go to those pages. Every year, the Maryland workers’ compensation rates are (supposed to be) adjusted for inflation.  For 2021, the rates are as follows: Temporary Total Disability – 2/3 of the average weekly wage, not to exceed $1,050/week Permanent Total Disability – 2/3 of the average weekly wage, not to exceed $1,050/week From 2020 to 2021, the rate decreased from $1080 to $1050.  This is the second year in a row that the TTD rate went down.  Meanwhile, medical and education costs continue to…