WCAB Decision Clarifies That CMS Approval of Set Asides Is Voluntary

Those who don’t see the value of asking the Centers for Medicare Services to approve amounts set aside for future medical spending in workers’ comp settlements may get a boost from a recent opinion by the California Workers’ Compensation Appeals Board. In the June 3 opinion, a WCAB panel rescinded a workers' compensation judge's order approving a compromise and release signed by applicant Louis Alvarenga, and sent the case back for a second look. The opinion clarifies that CMS approval of the Medicare set-aside amounts is an optional step and not required &mdash...