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PHSA COBRA Claim Dismissed for Lack of a Remedy
Thomson Reuters / EBIA Sept. 24, 2020 "The employer did not dispute that it had violated COBRA but argued that the employee's requested relief was statutorily barred under the Public Health Services Act (PHSA) ... The court acknowledged that the statute might allow the employee to seek payment in the form of equitable restitution if the employer held money or property that belonged to him. But, in this case, the employee made no such allegations; rather, he requested money damages to cover expenses he incurred from third parties. Such a remedy is not equitable relief, the court concluded, and thus is not available under the PHSA." [Loizon v. Evans, No. 18-2759 (N.D. Ill. Sep. 3, 2020)] |
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