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LTD Reimbursement


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Guest John A. Wolkowski
Posted

Does an ERISA plan/LTD carrier have a right to receive reimbursement for long term disability benefits out of proceeds from an auto accident settlement?

John A. Wolkowski, Esquire

Posted

Sure, if the LTD plan has a subrogation provision.

However, the Supreme Court's recent decision in Great West v. Knudson will limit the plan's ability to enforce that provision.

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