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Equitable Tolling of COBRA Election Applies Only for Period Beneficiary Is Incapacitated
Wolters Kluwer Law & Business Oct. 26, 2017 "Just before the 60 day election period ran out, employee was in an accident and was admitted to UC Davis Medical Center, where he received treatment for 10 days.... The hospital argues that the employee was not provided adequate time to elect for continued coverage due to the employee's 10-day incapacitation. While the court agreed that the employee's incapacitation might trigger equitable tolling, the court did not agree with the hospital's application of equitable tolling to this situation." [Regents of the Univ. of Cal. v. Stidham Trucking, Inc. No. 16-2835 (E.D. Cal. Sept. 1, 2017)] |
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