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Claimant's Attorney's Protest Letter Did Not Constitute Administrative Appeal for Exhaustion Purposes
Benefits Bryan Cave Link to more items from this source
Nov. 14, 2012

"[M]ere written protests to the signing of a subrogation agreement do not constitute an administrative appeal for exhaustion purposes. In order to exhaust administrative remedies, and thereby preserve a claim for litigation, the claimant should make it clear that he or she is appealing the prior denial of benefits and at least attempt to address the merits of the claim denial. Protestations as to the fairness of an express subrogation requirement will not carry the day." [Florida Health Sciences Center, Inc. v. Total Plastics, Inc. (11th Cir. Nov. 6, 2012)]

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