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Fifth Circuit Affirms Judgment Ordering Blue Cross to Pay for Proton Beam Therapy to Treat Throat Cancer
Roberts Disability Law 
May 5, 2023 "The Fifth Circuit explained the difference between a legal dispute, that is a dispute about a plan's meaning, and a factual dispute, which is a dispute about a plan's application.... The court rejected Blue Cross's arguments that it gave the legally correct interpretation. The court also agreed with the district court that substantial evidence does not support Blue Cross's decision." [Salim v. Louisiana Health Service & Indemnity Co., No. 22-30573 (5th Cir. May 3, 2023; unpub.)] |
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