Elder and Long-Term Care Planning for Workers' Compensation Cases

Reviewed by KW Life Care Planning Editorial Team

Elder Care Planning for workers' compensation cases where a claim or court proceeding is also involved: how the family and fiduciary care plan is prepared, what it documents, and how it is used alongside the claim.

How Elder and Long-Term Care Planning applies to Workers' Compensation

Plans address the injury-related care the treating physician projects: physician follow-up, medications, injections, future surgery, therapy, durable medical equipment and replacement, diagnostic testing, and, in catastrophic work injury, attendant care and home modification. Because state fee schedules govern payment, the plan typically prices items under the applicable schedule and, where useful, at usual and customary rates for comparison.

Typical deliverables

A written care plan organized by care category and time period, with a documented cost source for each item, and, when separately retained for the proceeding, testimony to the plan.

Frequently Asked Questions

How does a workers' compensation life care plan differ from a civil life care plan?

The clinical methodology is the same, but pricing follows the state fee schedule, the scope is limited to injury-related care the carrier is responsible for, and the plan is often prepared with settlement and Medicare Set-Aside requirements in mind.

When is a Medicare Set-Aside needed?

When a settlement closes future medical benefits and the claimant is a Medicare beneficiary or has a reasonable expectation of enrollment. The allocation projects Medicare-covered, injury-related care and is prepared from the same records and physician projections as the life care plan.

Can the plan be used to dispute a utilization review denial?

The plan documents the treating physician's recommendations and their clinical basis, which counsel can use in disputes over the reasonableness and necessity of future treatment under the state's procedures.

Does the plan price care at fee schedule or market rates?

Under the applicable fee schedule for the carrier's obligation, with market rates shown where the claimant may need to purchase care outside the system after settlement.

References

  1. U.S. DOL Office of Workers' Compensation Programs
  2. CMS - Workers' Compensation Medicare Set-Aside Arrangements

Ready to Get Started on Elder Care Planning for workers' compensation cases?

Contact our team to discuss the person's current care needs and the decision the plan must support. KW Life Care Planning works directly with families, guardians, trustees, and care managers; no attorney is required to engage the practice. Request a Consultation or call (201) 343-0700.