Supreme Court Denies Allocatur in Amodei

March 31st, 2010

In Philadelphia Gas Works v. WCAB (AMODEI), 964 A. 2d 963, the Commonwealth Court ruled that employers must use the net rather than gross pension benefit amount when taking offset under Act 57. Today, the Supreme Court denied employer’s request for allocatur. Congratulations to Daniel Siegel, Esquire on a job well done.

The Associated Press: Suits over Iraqi convoy deaths delayed by ruling

March 26th, 2010

Convoys were first attacked on April 8, 2004. After the attacks of that day, some KBR e-mails suggested halting all convoys on April 9 because “there is tons of intel stating that tomorrow will be another bad day.”

The next day’s convoys continued, and as four of them were under attack while a fifth was sent out, Ray Simpson, one of KBR’s security managers, wrote in an e-mail: “Can anyone explain to me why we put civilians in the middle of known ambush sites? … Maybe we should put body bags on the packing list for our drivers.”

I will not rant. I will not rant. I will not rant. I will not rant.

Source: The Associated Press: Suits over Iraqi convoy deaths delayed by ruling

IAIBC Comments on New Legislation Advanced to Improve the Medicare Set Asides

March 21st, 2010

The International Association of Industrial Accident Boards & Commissions (IAIABC) is a not-for-profit trade association representing government agencies charged with the administration of workers compensation systems throughout the United States, Canada, and other nations and territories.

It reports that two Pennsylvania legislators are the sponsors of the new bill we previously mentioned - Bristol’s Patrick Murphy (D) and Tim Murphy (R). The IAIABC reports that that HR 4796 seeks to resolve several problems with the set-aside process, including settlement delays and prompt reimbursement of the trust fund. According to the IAIABC, the bill seeks to:

 - Revise the information flow so that MSP conditional payment demand occurs before settlement

- Provide a safe harbor alternative if the Center for Medicare and Medicaid Services is unable to provide a final demand before settlement

- Provide a right of appeal to a non-group health plan settling party

- Establish a $5,000 threshold on MSP recoveries and set a three year statute of limitations.

Source: New Legislation Advanced to Improve the Medicare Set-Asides Settlement Process - International Association of Industrial Accident Boards & Commissions