Most self-funded ERISA medical plans provide that participants who have been injured by other people (think car accidents) must reimburse the plan if the participant recovers from the other person for those injuries. In order to obtain that reimbursement, a plan document must contain appropriate reimbursement/subrogation language and the plan must pay attention to the
Understanding Employee Benefits and key developments in the employee benefits field and items of interest to our clients. MORE
subrogation
The U.S. Supreme Court Upholds Plan Sponsor’s Recovery of Participant Damages Award
By Jeffrey Cairns on
On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen http://www.supremecourt.gov/opinions/12pdf/11-1285_i4dk.pdf finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a traffic accident.
McCutchen was a participant in the U.S. Airways Group Health Plan…
Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights
By Stinson LLP on
A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self‑funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that accident. The participant also obtained compensation by settling a civil lawsuit. Like many self‑funded medical plans, this plan required …