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Participant Must Reimburse Plan Even When State Law Precluded Tort Claim for Medical Benefits
Bloomberg BNA 
Oct. 20, 2014
"The appeals court in this case agreed that 'the language of the plan plainly does not limit the plan's ability to recover its expenditures for medical expenses to an award for medical expenses only.' Regarding the claim that state law prevented the participant from claiming medical expenses in his tort personal injury action, the court stated that regardless of the state statute, the language of the plan requiring reimbursement to the plan is 'clear and controlling'[.]" [Board of Trustees of the Nat'l Elevator Industry Health Benefit Plan v. McLaughlin, No. 14-1308 (3d Cir. Oct. 1, 2014) (unpublished)]
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