What the panel ordered
Petition to self-administer Medicare Set Aside (MSA) granted; prior Findings and Order rescinded and substituted; matter returned to WCJ for further proceedings
Petition for Reconsideration granted; prior Findings and Order rescinded; decision after reconsideration issued
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board has jurisdiction to change the administrator of the MSA; applicant is competent to self-administer; Medicare's interests have been considered; the change is ministerial and does not alter the award.
From the decision · page 4As a preliminary matter, Labor Code section 5900(a) states in pertinent part that "[a]ny person aggrieved directly or indirectly by any final order, decision, or award... may petition the appeals board for reconsideration..." Here, we acknowledge that applicant was the petitioning party, but note that defendant has made no showing that it would be aggrieved by a decision to allow applicant to self-administer the MSA, and thus it is unclear whether defendant can ultimately challenge the decision. (See Lab. Code, § 5900(a).) As discussed further below, the rights of defendant are protected because it already paid the specified amount in the C&R to applicant. Moreover, since the settlement included a specified amount to fund the MSA account, the amounts of future payments will remain the same regardless of the identity of the administrator. And, as set forth in the agreement, Medicare has no recourse against defendant, and thus, defendant cannot be liable to Medicare. Consequently, as shown in more detail below, the obligations of defendant will not change if applicant self-administers the MSA.