Legal Question in Workers Comp in Iowa
worker's comp. ruling, mediation, representation and firing
My mother was involved in a workers compensation case in the state of Iowa. The case went to mediation and she was awarded (yet to be paid) a sum of money. The results of the mediation has set up part of the money to be received to go into a trust to pay for future medical expenses through Medicare. This is due to her age. Does this sound fare as the doctors have stated she is permanetly disabled due to a back injury. Also, we believe my mother's law firm may have had a conflict of interest with this case, as their firm represented doctors office (satelitte office), which is owned by the hospital of which she worked when she was hurt.
1 Answer from Attorneys
Re: worker's comp. ruling, mediation, representation and firing
Hello and thank you for posting this question. I'm in the process of settling a similar claim for a client so I can appreciate your concerns and questions. The issues involved with workers' compensation and a Medicare Set Aside Trust along with Social Security set-off language are far too complicated for this post. The best advice I can give you is to seek a second opinion from a qualified lawyer. My firm handles legal practice claims and I have seen no fewer than three claims in the past few years from the social security set-off language or the trust being mishandled. Therefore when seeking a second opinion don't be afraid to ask if the attorney handles these types of cases and if so how many times. Your mother has one chance to do it right.
I have been working on a protocol for Medicare Medical Set-Aside Trust Fund Settlements and will post it on my blawg. If you aren't able to locate the blawg write to me directly and I'll send you a link. Best of luck to you.
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