Workers' Comp settlement, do I reimburse Medicare Drug Coverage (Plan D), or does employer/insurance carrier reimburse?

Asked over 2 years ago - Oakland, CA

Before Workers' Comp claim was approved I received prescriptions through Medicare Drug Coverage (Plan D). Do I reimburse Medicare or should I request employer/insurance carrier reimburse Medicare?

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20

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    Answered . You are not responsible for past treatment during the period between Notice and Acceptance of your claim, and the Settlement should say that Defendant will resolve all past medical treatment. You will be responsible to Medicare for any FUTURE treatment related to you injury, if you settle by Compromise and Release.

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  2. Brett A. Borah

    Contributor Level 20

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    Answered . I agree with Mr. Corson.

    If you have a valid workers' comp case, the w.c. insurance company should be paying all of your bills...past, present and future (unless you agree to settle your future medical care). You should not be paying back Medi-Care...the insurance should be doing that.

  3. Russell Greer Keener

    Pro

    Contributor Level 9

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    Answered . Prior to the approval of your settlement, all prescriptions related to your job injury are the responsibility of your workers' comp insurance carrier.

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