HEALTH PLANS AND PLAN PARTICIPANTS AFFECTED BY U.S. SUPREME COURT RULING

The U.S. Supreme Court handed down a decision in April, 2013, that reinforces the importance of expressly addressing the allocation of the costs of recovery for a third party injury suffered during the course of employment. In U.S. Airways, Inc. Employee Benefits Plan v. McCutcheon, the court ruled that when a company health planadministrator seeks reimbursement of benefits paid under Sec. 502(a)(3) of ERISA, based on the equitable lien created in that statute, the terms of the plan take priority over general unjust enrichment principles, or specific doctrines reflecting those principles. The Supreme Court also held, though, that where a plan is silent on allocation of costs for a lawsuit, those costs should appropriately be shared under the “common fund” doctrine. McCutcheon worked for US Airways and suffered injuries while on the job in a car accident caused by a third party. He sought and received reimbursement of $66,866 in medical expenses incurred because of injuries sustained. He subsequently filed a lawsuit against the third party and recovered $110,000, which was reduced to $66,000 after payment of the lawyer’s contingency fee. The US Airways health insurance plan included provisions whereby the company could seek reimbursement of medical benefits paid if a plan participant received compensation in a third party lawsuit. Accordingly, the administrator requested repayment of the full amount of $66,866. When McCutcheon refused to pay that amount, the plan administrator filed a lawsuit under Sec. 502(a)(3) of ERISA. McCutcheon argued in his defense that:
- US Airway’s right to reimbursement only kicked in if McCutcheon received more compensation in the lawsuit than US Airways paid out in benefits
- Even though the total amount recovered—$110,000—exceeded the amount paid out by US Airways, the actual amount received by McCutcheon was only $66,000.
McCutcheon alleged that US Airways was obligated to contribute its fair share of the cost of recovering the funds, so any reimbursement should be reduced by the applicable attorney fee. The trial court rejected both of McCutcheon’s arguments, but the U.S. Court of Appeals for the Third Circuit vacated the trial court ruling. The appellate court concluded that allowing US Airways to recover the full $66,866 would mean that McCutcheon would have to come up with money out of his own pocket to pay for some of his medical expenses, a finding that would unjustly enrich the US Airways health plan. The U.S. Supreme Court vacated the Court of Appeals ruling and sent the matter back to the District Court for trial.
THE IMPACT OF THE RULING
The Supreme Court’s ruling has import for both plan administrators and plan participants. In light of the ruling, employers need to review group health plans to evaluate language governing reimbursement, subrogation and allocation of costs. Likewise, employees/plan participants need to familiarize themselves with the provisions of group health plan documents, so that they are aware of any potential liens that may be placed on compensation obtained in a third party lawsuit.
Contact CockerillCraigMoore Law
At CockerillCraigMoore Law, Haddonfield NJ Health Law Attorneys provide comprehensive counsel to employers regarding enforcement of agreements in company health plans. We also represent employees who have suffered any type of work-related injury. To discuss your concerns and learn your options, contact us online or call our office at 856-429-1060.
How to handle the mortgage in a New Jersey divorce
When you and your New Jersey spouse take out a mortgage together, both of you maintain responsibility for that mortgage even if you divorce, unless you make other arrangements. Even if your divorce decree dictates that only you or only your ex has to pay the mortgage,...
Divorcing with pets: who gets custody of the dog?
When you acquire a dog during your marriage, the pup becomes part of the family. You and your spouse may consider your pet another child between you. Unfortunately, unless you live in Illinois, Alaska or California, the law looks at your dog as property — this is true...
Parental teamwork paves the way to a workable child custody plan
Divorce may be on the horizon, but you and your spouse may still have children to raise, children who must adjust to the breakup of the family unit. You will need guidelines to help you manage your new role as co-parents, and teamwork is a good way to go about...
Are electric vehicles too quiet to be safe?
Because of designated sidewalks and mandatory yield signs, many parts of New Jersey are walkable for pedestrians. Still, according to the National Highway Traffic Safety Administration, 175 pedestrians died in motor vehicle accidents in the Garden State in 2019 alone....
Could mediation be the best divorce option for the two of you?
If you and your spouse have decided to end your marriage, you may dread the thought of a lengthy divorce in court. Mediation is another option that many divorcing couples prefer because of its advantages over litigation. What can you expect to happen if you choose...
Don’t Google or Waze and Drive – Navigation by Cell Phone Can get you Ticketed
New Jersey’s Appellate Division released a published decision yesterday ruling that a driver’s use of his cell phone to type in the address for directions to his destination while driving constitutes the use of the phone prohibited by N.J.S.A. 34:97-3. This section of...
Drawing attention to other distracted driving risk factors
Behind the wheel, you need to avoid any distractions that could affect your driving. Many drivers understand that cell phones play a major role in the prevalence of distracted driving, such as texting, sending emails and making calls. However, many there are many...
NIL’S ARE NOT ONLY FOR COLLEGE STARS – NEW JERSEY PERMITS HIGH SCHOOL NIL’S
In response to a question raised through family members about what parents need to know -- and do -- in response to a NIL offer to their 16-year-old multi-sport star, I did a bit of research. Here is what I learned. NIL’s stand for Name Image and Likeness, you may...
Can a dog attack lead to sepsis?
Even if you trust your own dog implicitly, you know how unpredictable and dangerous other animals can be. In fact, a seemingly friendly dog may turn vicious with little notice or no notice at all. If a dog attacks you, you are vulnerable to a variety of injuries,...
How can doctors treat animal bites?
Animal bites can happen to anyone. Bites may occur with familiar animals, family pets or stranger animals at a campsite or hiking trails. According to Healthline, most people suffer animal bites because of a family pet. While some animal bites may result in mild...

