CompFox AI Summary
This case concerns a petition for reconsideration of an approved Compromise and Release (C&R) agreement by the defendant, TJ Maxx. The defendant argues the C&R must be revised because the applicant's knee replacement surgery occurred prior to the approval, potentially rendering the Medicare Set Aside (MSA) provision duplicative. The Appeals Board granted reconsideration and rescinded the Order Approving Compromise and Release. The matter is returned to the trial level to determine if the applicant's pre-approval surgery was consistent with the MSA terms.
Full Decision Text1 Pages
This case concerns a petition for reconsideration of an approved Compromise and Release (C&R) agreement by the defendant, TJ Maxx. The defendant argues the C&R must be revised because the applicant's knee replacement surgery occurred prior to the approval, potentially rendering the Medicare Set Aside (MSA) provision duplicative. The Appeals Board granted reconsideration and rescinded the Order Approving Compromise and Release. The matter is returned to the trial level to determine if the applicant's pre-approval surgery was consistent with the MSA terms.
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