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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
  • Blog
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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.

Fall on Private Property? Who Would Be Liable For Your Injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 26, 2020 | Personal Injury, Premises Liability

Whether you are visiting someone’s home, or you are shopping at a store, it is possible to fall on the owner’s property. If you are injured, someone is liable for the medical treatment and lost wages that you incur because of your injuries. As soon as you are able,...

Why You Need a Lawyer When Facing a Lawsuit

On Behalf of Cockerill, Craig & Moore, LLC | Jun 12, 2020 | Civil Litigation, Firm News

If someone has filed a tort lawsuit against you, you are probably wondering what you should do to protect yourself from liability. Some people think they can handle tort lawsuits without the expert guidance of Woodbury NJ tort claim attorneys. You can run into a...

Accused of Discrimination in the Workplace? Why You Need a Lawyer

On Behalf of Cockerill, Craig & Moore, LLC | Apr 24, 2020 | Employment Law

Craig Annin & Baxter are Woodbury NJ discrimination attorneys. Discrimination is ugly. When it rears its head in the workplace, it is frustrating and time-consuming. People who play favorites hurt the freedoms of their victims. Craig Annin & Baxter believe...

New Jersey Residents Protected by the Prevention of Domestic Violence Act Without an In-Person Date

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

In a decision that is timely for the COVID-19 quarantine era, a New Jersey Appellate Court has ruled that a relationship conducted only through sexting qualifies as a dating relationship. In C.C. v. J.A.H., New Jersey’s Appellate Division affirmed the entry of a Final...

How Domestic Violence Cases Are Handled Safely in NJ

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

Domestic violence happens about every seven minutes in New Jersey. Although victims are usually women, it happens to men as well. About 25% of women and 15% of men in America are victims of physical violence from a partner or spouse. It is important for local victims...

Voting Rights in New Jersey: What You Should Know About How to Exercise Them and Protect Them

On Behalf of Cockerill, Craig & Moore, LLC | Feb 21, 2020 | Firm News

Perhaps the most important right we have as citizens of the United States is voting, and while voting differs in each state, New Jersey upholds strict voting rights. Even so, certain groups and individuals have tried to take away rights from those who should be...

Real Estate Closings in New Jersey: Does It Matter If It’s North or South Jersey?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 7, 2020 | Firm News

If you are buying or selling real estate in New Jersey, it’s important to consider whether you are closing the sale in North or South Jersey. Keep some key differences in mind if you want to move forward without unneeded complications. This article explains the...

Should I Talk to a Lawyer If My Insurance Claim is Denied?

On Behalf of Cockerill, Craig & Moore, LLC | Nov 18, 2019 | Firm News

Insurance is quite comforting until you need it. Then you plunge into a complex web of contracts and administrative operations with terms and processes average people do not understand. When your claim is denied, it can be a shock. A denied insurance claim means you...

Harassment in the Workplace: What to Do If You’ve Been Accused

On Behalf of Cockerill, Craig & Moore, LLC | Nov 4, 2019 | Firm News

Someone in your workplace accuses you of harassment. This is time-consuming and stressful to fight as well a threat to your employment and income. Do not assume you can reason with an accuser and return to business as usual. Acquire skilled defense attorneys to handle...

Why You Need a Lawyer if You’re Accused of Causing an Injury to Another Person

On Behalf of Cockerill, Craig & Moore, LLC | Oct 28, 2019 | Firm News

If you are accused causing injury to someone as a result of an action, comment, or posting, or you are a victim seek legal advice promptly. Persons who have suffered harm owing to the action or inaction of another can sue for damages. You may be forced to pay a...

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