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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
  • Make A Payment
    • Pay Invoice
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  • Contact

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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.

Common Mistakes to Avoid When Going Through a Divorce

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

Going through a divorce is an emotionally taxing time. It can be easy to let emotions get the best of you. Avoid making these serious mistakes to keep your divorce as stress-free and cost-effective as possible. Waiting Too Long to Consult with an Experienced Divorce...

Self-Funded Entities Introduced To The Insurance Fraud Prevention Act

On Behalf of Cockerill, Craig & Moore, LLC | Apr 9, 2019 | Firm News

S-3657 is a long sought amendment introduced to the Insurance Fraud Prevention Act. The change in the law will allow the State of New Jersey to use one of its strongest anti-fraud tools to protect the state health benefit plan from fraud. Now the IFPA can be used to...

Workplace Documentation: How an Attorney Can Help

On Behalf of Cockerill, Craig & Moore, LLC | Aug 27, 2018 | Firm News

If it is not documented it did not happen.  Information management is itself a multi-billion dollar business and the failure to manage information is the downfall of many a business large and small.  Individuals and businesses are required by law to maintain records....

Why You Need a Personal Injury Attorney

On Behalf of Cockerill, Craig & Moore, LLC | Aug 14, 2018 | Firm News

Holding a party responsible for your injuries takes more than showing up to court with pictures of an accident scene or promises made by the other party while at the scene. Here is how the legal team at Craig Annin & Baxter can help during this situation:...

Can I Get Alimony?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 5, 2018 | Firm News

Ending a marriage is an emotionally and physically draining experience. It can also be financially draining.  The divorcing partners must go forward supporting two households on the same pool of income that once supported a single household. Spousal support – called...

Street Racing – Danger for all

On Behalf of Cockerill, Craig & Moore, LLC | Apr 13, 2018 | Firm News

It should be common sense that street racing is dangerous. However, many people do not seem to be aware of the dangers of street racing, as they continue to do it. There are many issues that can come up as a result of this, as it is not only the drivers who can be...

Injured in a Boating Accident in New Jersey? What are your rights?

On Behalf of Cockerill, Craig & Moore, LLC | Mar 27, 2018 | Firm News

Injured in a Boating Accident in New Jersey? What are your rights? Summertime is right around the corner and many New Jersey residents and visitors cannot wait to get out on the wide array of waterways in and around the state. The Jersey Shore is famous for many...

What Is Considered Reasonable Accommodation At The Workplace?

On Behalf of Cockerill, Craig & Moore, LLC | Mar 12, 2018 | Firm News

The Americans With Disabilities Act prohibits people from being discriminated against because they have disabilities. Employers are also required to make accommodations to make it easier for people to do their job. What is a Reasonable Accommodation? A reasonable...

Considering Divorce Mediation? What You Should Know!

On Behalf of Cockerill, Craig & Moore, LLC | Mar 5, 2018 | Firm News

Divorce mediation is designed for you and your spouse when your marriage ends. If you find you cannot agree on the details of your divorce, mediation might be the right choice for you. A neutral third party agrees to meet with you both to discuss the items in your...

Timothy E. Annin awarded James J. McLaughlin Award

On Behalf of Cockerill, Craig & Moore, LLC | Feb 26, 2018 | Firm News

McLaughlin Award honors go to Linares, Annin and Reek The New Jersey State Bar Association Civil Trial Bar Section recognized three attorneys with the annual James J. McLaughlin Award with a ceremony at The Palace at Somerset Hills in Somerset on Feb. 15. The award...

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