New MSA Case Law
In Berry v. Toyota (2015 U.S. Dist. LEXIS 3319)(filed Jan. 12, 2015), the parties submit a Joint Motion to federal court to determine whether an LMSA was required. Court relies on the following facts in concluding that no LMSA was required here:
- CMS was repaid for all CPs made to date;
- treating physicians indicated that all injury-related care was completed; and
- CMS provides no official avenue for parties to obtain such a determination. Of note is the fact that US did not take an official position and reserved any rights it may have in the future regarding payments.