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Certain Project Completion Incentives May Not Be Covered Under ERISA - Employment and HR

A recent case before the Fifth Circuit Court of Appeals 1 determined that a Project Completion Incentive applying to employees on a construction project (the Plan ) was not governed by the Employee Retirement Income Security Act of 1974 ( ERISA ). 2 Former laborer Employees of the construction manager Employer filed a lawsuit in Louisiana State Court asserting that the Employer was required to pay them the Project Completion Incentive under the Plan for the time spent on the project-despite conceding that they quit the project before completion and were therefore not eligible for the incentive under the Plan terms. 3 The Employees asserted that the

Defendants in State Case Alleging ERISA Denials File Notice to Remove to Federal Court

Health your username 4 days ago A case originally brought in Orange County Superior Court by five substance use disorder treatment providers against Anthem Blue Cross Life and Health Insurance Company and affiliates will proceed in federal court, per a notice of removal filed Tuesday in the Central District of California. The Discovery House LLC, Discovery Transitions Outpatient Inc., DHP Heights LLC, MT Golden Corporation, and MT Process LLC, all out-of-network providers of services, including residential treatment, inpatient and outpatient care, therapy, and medication management, filed a complaint Jan. 19, alleging denial of Employee Retirement and Income Security Act (ERISA) benefits; breach of implied, oral, and written contract; breach of covenant of good faith and fair dealing; promissory estoppel; and unfair competition against the defendants.

Judge Rules ERISA Does Not Govern Plan Insuring Sole Employee

Health your username February 10, 2021 Judge Charles Eskridge of the Southern District of Texas ruled Tuesday that the employee health plan of an individual who unintentionally shot themselves while at work is not governed by the Employee Retirement and Income Security Act (ERISA), effectually remanding the matter to state court. The plaintiff, who is the sole owner and employee of an automobile repair shop, said in the original complaint that they kept a gun at the business for protection. After the accidental self-inflicted injury resulting from “attempting to remove a stuck bullet,” the judge explained, the plaintiff filed a claim with the defendant, Life Insurance Company of North America, for medical and disability benefits. Defendant Matt Reiter, an employee of third-party work-related injury claims administrator Salus Claims Management, denied the plaintiff’s claim, “asserting that using or cleaning a gun wasn’t within the covered scope of employment,” and then

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