Pennsylvania Injured Worker’s Medicare Set Aside Settlement Deemed to Be Exempt From Bankruptcy Proceedings.

Jesus Arellano settled his Pennsylvania workers’ compensation case for a broken hip. That settlement included a Medicare Set Aside for his future medical treatment. A Medicare Set Aside, or MSA is money that is put in a separate interest bearing account to be used by the injured worker to pay for future medical costs, expenses, and bills related to the injury. The Centers for Medicare strongly recommend that the money is used for this purpose; however, Mr. Arellano decided to buy a truck and two properties with the money. (*If an MSA is not properly used, Medicare will deny payment of any medical expenses they feel are related to a work injury. We strongly suggest you contact an experienced Pennsylvania workers’ compensation attorney before you consider this option)

When Mr. Arellano filed for bankruptcy, he argued that the truck and properties should be exempted from the proceedings. The bankruptcy judge agreed and found that a MSA should not be included in bankruptcy proceedings because it was slated for medical expenses and not property of the bankruptcy estate.

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If you would like to speak personally to us about your Pennsylvania or Harrisburg work-related accident, injury, or benefits, please fill out our confidential online contact form or call Calhoon and Kaminsky P.C., toll-free at 1-877-291-WORK (or 9675). Whether you wish to begin the claims process, or are encountering problems and concerns while on workers’ compensation, Calhoon and Kaminsky P.C., will fight to obtain the benefits you are entitled to receive, guide you in the right direction, and obtain a fair settlement if that is in your best interest. There is no fee for us answering your questions or advising you of your rights so you head in the right direction.