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Explicit Plan Terms Allow Self-Insured Plan to Recover Medical Benefits Paid to Employee Post-McCutchen
Proskauer's ERISA Practice Center Blog 
June 25, 2013 "The court rejected the defendants' argument that the 'make-whole doctrine,' which would prevent the employee from paying monies from his personal injury recovery until he was 'fully compensated for his injuries,' limited the plan's right to recovery, reasoning that the explicit terms of the plan 'unambiguously foreclose[d] the application of the make-whole doctrine.'" [Quest Diagnostics v. Bomani, No. 11-CV-00951 (D. Conn. June 19, 2013)] MORE >> |
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