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Archive for June, 2010

Florida Bar Lien Resolution Outsourcing Proposed Rule Released

Monday, June 28th, 2010

There has been some concern and questions regarding the outsourcing of lien resolution and the ability to pass along those costs to the client.  There were also questions regarding cases where another lawyer handles a lien resolution issue on a reverse contingency and how fees could be charged.  The bar formed a committee to look at these issues after an ethics opinion request.  The committee has issued a new proposed rule (below) that would allow for a lawyer to outsource if it is disclosed in the initial fee contract.  The costs come out of the client’s recovery, not the lawyer’s contingent fee.  The new rule is not final until approved by the Florida Supreme Court and may be tweaked by the bar through its internal review process in between now and when the Supreme Court reviews it.  However, it provides guidance. Read the rest of this entry »

THIS JUST IN: Gulf Oil Syndrome Cases Emerge

Tuesday, June 15th, 2010

Gulf Oil Spill Workers are starting to experience Adverse Health Affects due to Chemical Exposure in Oil Cleanup

As if the Gulf Oil Spill weren’t enough of a disaster, another crisis is beginning to take shape amidst the cleanup effort.  Gulf Oil Syndrome (also called Oil Spill Syndrome) is being seen in emergency rooms and mobile health units among cleanup workers, fishermen, and others who are involved in the conservation effort.  Chemicals like Benzene, Toulene, Xylene, Naphthalene, Ethylbenzene*, and others are now found in the air, primarily through the burning of oil and the use of chemicals that dissolve or dilute oil.  Exposure to light crude oil, burning oil particles, oil spill dispersants, and other chemicals can cause a host of health problems. 

Some of the milder symptoms include*: Read the rest of this entry »

CMS MMSEA Alerts and Update – June 10, 2010

Thursday, June 10th, 2010

June 10, 2010

Due to the vast number of documents required for MMSEA 111 implementation and space limitations, the following section pages were created for the inclusion of all MMSEA 111 required documents:

  • Mandatory Insurer Reporting Section Page - This section will serve as repository for documents transitioned from the MMSEA 111 section pages.  All documents transitioned from the various section pages to the Mandatory Insurer Reporting section page, except Alerts, will be noted on the What’s New section page. Read the rest of this entry »

CMS MMSEA Alert June 3, 2010

Thursday, June 10th, 2010

CMS has provided the following updates:  https://www.cms.gov/MandatoryInsRep/04_Whats_New.asp

June 3, 2010

 •New NGHP Alerts

     ◦Updating Language – May 27, 2010 – Alert For Liability Insurance (Including Self-Insurance), No-Fault Insurance and Workers’ Compensation Responsible Reporting Entities (RREs) – Periodic Workers’ Compensation Payments located on this section page in the Downloads section. Read the rest of this entry »

Ask a Lien Professional: Can the VA Recover from UM Coverage?

Thursday, June 3rd, 2010

Question: 

Do the VA subrogation rights apply to UM coverage, or do they only apply to the responsible third-party?

Answer: 

The right of the VA to recovery from UM is not a definite yes or no answer.       

When the VA cannot recover:

In researching UM recovery in VA cases, we have to look to the language within the UM plan.  According to Government Employees Insurance Co. v. Andujar, 773 F.Supp. 282, it was determined that the ability of the US Read the rest of this entry »

MMSEA Section 111 CMS Update- 05/27/2010

Tuesday, June 1st, 2010

CMS has provided the following updates to MMSEA Section 111:

http://www.cms.gov/mandatoryinsrep/04_whats_new.asp?

May 27, 2010

  • The following document has been posted to the MMSEA 111 Alerts section page:
    • Alert:  New Direct Data Entry (DDE) Option for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers’ Compensation, dated May 25, 2010.
  • The following documents have been posted to the NGHP Transcripts section page:
    • April 13, 2010 NGHP Town Hall Teleconference Written Transcript
    • May 13, 2010 NGHP Town Hall Teleconference Written Transcript