[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR411.45] [Page 392] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 411_EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT --Table of Contents Subpart C_Limitations on Medicare Payment for Services Covered Under Workers' Compensation Sec. 411.45 Basis for conditional Medicare payment in workers' compensation cases. A conditional Medicare payment may be made under either of the following circumstances: (a) The beneficiary has filed a proper claim for workers' compensation benefits, but the intermediary or carrier determines that the workers' compensation carrier will not pay promptly. This includes cases in which a workers' compensation carrier has denied a claim. (b) The beneficiary, because of physical or mental incapacity, failed to file a proper claim.