News & Analysis as of

Medical Expenses

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

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Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

Marshall Dennehey

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

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On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more

Kohrman Jackson & Krantz LLP

Navigating Surrogacy: What are the Legal Implications?

Surrogacy can be a deeply fulfilling path to parenthood for couples or individuals facing challenges with conception or pregnancy. In many states, including Ohio, the process involves legal, medical, and emotional...more

Marshall Dennehey

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

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Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

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Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Napoli Shkolnik

Pricing Algorithms Help Insurers and Harm Patients

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The healthcare industry grapples with a pervasive issue of providers overcharging insurers for medical procedures performed on their patients. To combat this, insurers have turned to MultiPlan—a data analytics firm that...more

Rumberger | Kirk

Florida Supreme Court Says Permissive Language of Florida PIP Statute and Policy Provisions Dictate Payment of Medical Expenses by...

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In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges...more

Orrick, Herrington & Sutcliffe LLP

CFPB releases report on costs of HSAs

On May 1, the CFPB released a report on health savings accounts (HSAs). The CFPB reported that consumers owned 36 million HSAs in 2023, and these HSAs held over $116 billion in assets – a 500 percent increase over the past...more

Troutman Pepper

CFPB Continues Medical Expenses Scrutiny by Highlighting the Costs of Health Savings Accounts

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The Consumer Financial Protection Bureau (CFPB) recently released an Issue Spotlight highlighting the costs and fees associated with Health Savings Accounts (HSAs). While acknowledging that HSAs offer tax advantages that can...more

Rumberger | Kirk

Additur for Future Pain and Suffering Damages

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When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

Holland & Hart - The Benefits Dial

Should’ve Been a Cowboy, Court Inflicts Pain on Health Plan Sponsor After Participant Kicked by Bull

A recent decision by a federal district court in Ohio in a health plan benefits dispute highlights the importance for health plan fiduciaries to properly review benefit claim denials to ensure that the claims administrator’s...more

Carlton Fields

New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

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In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from...more

Chartwell Law

New York Governor Vetoes Grieving Families Act

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On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

New Year Resolutions: Best Practices for Our Clients

Year-end and the beginning of the New Year are good times to check in on your family law matters. Myriad events might be triggered as the calendar switches over. A little pre-planning can avoid unpleasant surprises or...more

Winthrop & Weinstine, P.A.

Minnesota Court of Appeals Ruling Impacts Estate Administration for Medical Assistance Recipients

In a unanimous decision filed Monday, November 20, 2023, the Minnesota Court of Appeals affirmed a district court opinion that limits medical assistance claims against estates to only the amount of long-term-care services...more

Rumberger | Kirk

A Quick Note about Removal with Less Than $75,000 in Medical Specials

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Removing a case to federal court requires diversity of citizenship and an amount in controversy of more than $75,000. In a personal injury case, the easiest way to prove the amount in controversy is to show medical specials...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

Ward and Smith, P.A.

UM/UIM Coverage: What It Is and Why You Need Enough of It

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If you are injured in a car crash that isn't your fault, you expect insurance to cover your medical expenses and related costs from the crash. But you might be out of luck if you don't have sufficient UM/UIM...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Highlights Importance of the Plan Document

A recent decision by the U.S. Court of Appeals for the Sixth Circuit (Patterson v. United HealthCare Ins. Co., No. 22-3167, 2023 WL 4882436 (6th Cir. Aug. 1, 2023)) illustrates the importance of clearly describing key plan...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Ballard Spahr LLP

Comprehending the Non-Comprehensive: Proposed Rules Tackle Non-Traditional Coverage

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The Departments of Labor, Health and Human Services, and the Treasury have published a set of proposed rules that impose new limits on two types of benefits: short-term limited-duration insurance (STLDI) and fixed indemnity...more

Groom Law Group, Chartered

IRS Chief Counsel Advice Says Wellness Indemnity Payments Are Taxable If No Unreimbursed Medical Expenses Related to the Payment

On June 8, 2023, the IRS released Chief Counsel Advice 202323006 (the “CCA”) addressing the tax treatment of wellness indemnity payments made by employer-funded fixed indemnity insurance policies. The CCA generally provides...more

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