Section 411.45 - Basis for conditional Medicare payment in workers' compensation cases(a) A conditional Medicare payment may be made under either of the following circumstances: (1) 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.(2) The beneficiary, because of physical or mental incapacity, failed to file a proper claim.(b) Any conditional payment that CMS makes is conditioned on reimbursement to CMS in accordance with subpart B of this part. 71 FR 9470 , Feb. 24, 2006, as amended at 73 FR 9685 , Feb. 22, 2008