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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
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HEALTH PLANS AND PLAN PARTICIPANTS AFFECTED BY U.S. SUPREME COURT RULING

On Behalf of Cockerill, Craig & Moore, LLC | Oct 10, 2013 | Firm News |

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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.

What is a nuisance under the Commercial Maintenance Code of the City of Woodbury?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 4, 2022 | Premises Liability

Every location has its own laws pertaining to keeping the peace and avoiding nuisances. This includes the City of Woodbury, which has the Commercial Maintenance Code that covers many different points, including defining nuisance. Having this code is important to...

3 winter driving tips

On Behalf of Cockerill, Craig & Moore, LLC | Jan 18, 2022 | Motor Vehicle Accidents

You may experience plenty of cold, snow and ice during the winter in New Jersey. According to U.S. News and World Report, winter driving conditions contribute to 17% of all vehicle crashes. Whenever possible, it is preferable to postpone your trip until conditions...

How do doctors identify and treat internal bleeding?

On Behalf of Cockerill, Craig & Moore, LLC | Jan 4, 2022 | Motor Vehicle Accidents

After a car accident, you worry you may have injuries you cannot see. Learning the signs of internal bleeding could help you build a legal case and understand what treatment you need. WebMD explores internal bleeding symptoms and treatment options. If you suspect you...

Post-exposure prophylaxis

On Behalf of Cockerill, Craig & Moore, LLC | Dec 27, 2021 | Animal Bites

Animal bites are not something victims should take lightly. Even seemingly minor animal bites can quickly turn into a major health issue and possibly a threat to victims’ lives. This is particularly true if the animal in question was rabid. Though the risk of...

What psychological injuries do dog attacks cause children?

On Behalf of Cockerill, Craig & Moore, LLC | Nov 29, 2021 | Animal Bites, Personal Injury

If you have a son or daughter, you undoubtedly exercise additional caution when your family is around unfamiliar dogs. After all, according to the American Veterinary Medical Association, more than half of the roughly 800,000 bite victims each year are children....

A look at statistics dealing with fatal crashes in 2021

On Behalf of Cockerill, Craig & Moore, LLC | Nov 15, 2021 | Commercial Vehicle Accidents

Several agencies compile information on motor vehicle accidents in New Jersey. While these numbers do not adequately represent the scope of pain and suffering from vehicle crashes, they do provide a window into the toll of accidents. The statistics illustrate that...

How does inattentional blindness impact safety?

On Behalf of Cockerill, Craig & Moore, LLC | Nov 1, 2021 | Motor Vehicle Accidents

When you get behind the wheel and hit the road, it is important to be in peak mental and physical wellness. One wrong move and you could end up in a crash, which could harm you, your passengers, or anyone else outside of your car. But sometimes, distractions will...

How can your clothing help prove injury liability?

On Behalf of Cockerill, Craig & Moore, LLC | Oct 14, 2021 | Premises Liability

Experiencing a fall on someone else’s property may cause you serious pain and keep you from working while you heal your injuries. Unfortunately, the property owner may contest your claims that the owner’s negligence caused your injury. This is why you should consider...

Trucker substance abuse violations increasing

On Behalf of Cockerill, Craig & Moore, LLC | Sep 28, 2021 | Commercial Vehicle Accidents, Motor Vehicle Accidents

Many New Jersey motorists exercise extra care when driving close to commercial trucks. However, research shows that not all commercial truck drivers are exercising the same level of care. A Drug & Alcohol Clearinghouse that logs trucker alcohol or drug infractions...

How does drowsiness alter driver safety?

On Behalf of Cockerill, Craig & Moore, LLC | Sep 20, 2021 | Motor Vehicle Accidents

Driver safety is one of the biggest concerns many drivers have, as this can affect whether or not they get involved in a crash. The worse overall driver safety is, the higher the chance of an individual crash occurring, which can alter a victim's life. In order to...

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