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Small Employer Was Obligated to Provide COBRA Coverage Mistakenly Offered to Ex-Employee
BenefitsNotes by Leonard, Street and Deinard
Nov. 26, 2012 "A recent district court decision from Ohio considered the situation of a small employer that issued a COBRA notice to a former employee who then elected and paid for COBRA coverage. After the former employee had been covered under COBRA for at least 12 months, ... The DOL informed the employer that it was not subject to federal COBRA law because of its small size. The employer at that point terminated the COBRA coverage ... The district court determined that the employer had superior knowledge of whether the employer was covered by COBRA and so was equitably estopped from now denying COBRA coverage to the former employee. " [Hanysh v. Buckeye Extrusion Dies, Inc., No. 4:11CV528 (N.D. Ohio, Sept. 5, 2012)] MORE >> |
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