Workers' Compensation

Friday, February 8, 2008

Program Co-chairs: Robert F. Carter, Esq., & Nathan Shafner, Esq.

Faculty: Robert F. Carter, Esq., Kevin W. Coombes, Esq., Frank Costello, Esq., Nathan J. Shafner, Esq., Sandra Mackler

The Settlement Minefield

  • Third-party Offsets and Intervention Issues
  • Medicare Set Aside Issues
  • State Liens
  • Offsets with Retirements & MERF

Checklist of other Settlement Pitfalls

Other Liens for Pre-settlement Payment for Welfare, Medicaid, Child Support and Incarceration:

  • ERISA health plans
  • Non-ERISA group health insurance
  • Long-term and short-term disability
  • Unemployment benefits
  • Medicare conditional payments
  • Alimony/divorce

Effect of Settlement on Future Benefits, Including:


  • Social Security
  • Group health insurance (group health contracts and litigation experience in other jurisdictions)
  • Long-term Disability Contractual Provisions and Negotiations
  • Private Disability Retirements and Regular Retirements