CMS EXTENDS MSA RE-REVIEW
The WCMSA Reference Guide issued 10/10/2019 by CMS now allows an approved MSA that did not result in the claim being resolved, to be re-reviewed for up to six (6) years after the initial MSA approval, provided the newly proposed MSA varies from the prior MSA by 10% or $10,000 (whichever is greater).
[COMMENT: A re-review should be considered where a high MSA has previously prevented a C&R.]
SIBTF CASES: COMBINING PD DONE BY ADDITION OR CVC?
Kudelko v. City of Costa Mesa, 2019 Cal.Wrk.Comp P.D. LEXIS 436 a firefighter was awarded 36% PD for a work related heart valve injury, and years later is awarded 76% PD for a new CT injury to the heart. Applicant filed for additional benefits through the Subsequent Injury Benefit Trust Fund.
In an unanimous WCAB Panel Decision, the Commissioners determined that for purposes of SIBTF liability, successive
non-overlapping disabilities are to be
added together rather than subject to the CVC.