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Acknowledgment of Health Plan's Lien on Tort Recovery Did Not Require Attorney to Reimburse Plan (PDF)
U.S. Court of Appeals for the Eighth Circuit
Sept. 12, 2012 "[The employer-sponsored health plan ("Drury")] is essentially attempting to impose personal, or legal, liability on [the employee's attorney ("Casey")] for the benefits it conferred on [the covered employee for his health care costs]. After receiving the settlement funds from [the employee's] personal injury law suit, Casey initially held in trust the $11,423.79 to which Drury claims an interest, but he eventually disbursed the entirety of that sum to [the employee, who subsequently filed for bankruptcy]. Casey thus no longer has any money to which Drury claims an interest." [Treasurer, Trustees of Drury Industries, Inc. Health Care Plan and Trust v. Gooding, No. 11-2885 (8th Cir. Sept. 7, 2012).] MORE >> |
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