Tag Archives: Health

Tips to stay active this fall (access required)

It seems as though staying active is just a bit easier during the summer. Even chores such as mowing the lawn and washing the car can be enjoyable when the weather is warm. But physical tasks can become significantly more ...

Read More »

Employers can set wellness examples (access required)

By Maura Mazurowski  They say imitation is the sincerest form of flattery. So if you notice that workplace morale is low—if it seems that your partners, associates and paralegals have grown sluggish and seem down—the answer to turning things around ...

Read More »

Setting the pace on lawyer health (access required)

spilled pills

If the legal profession is going to seriously confront the epidemic of addiction and mental health disorders among its members, its largest law firms are uniquely well positioned to serve in the vanguard. That was the message delivered by the ...

Read More »

Insurance – Health — ERISA Plan – Tort/Negligence – Third-Party Tortfeasor – Settlement Proceeds – Equitable Lien (access required)

Tyson Foods, Inc. v. Macklin Although defendant claims that the settlement fund he received from a third-party tortfeasor has been dissipated, plaintiff’s lien attached at the moment of the fund’s creation, and plaintiff is entitled to reimbursement for accident-related payments or the value of the settlement fund, whichever is less, even if the settlement fund is not specifically traceable to defendant’s current assets because of commingling or dissipation.

Read More »

Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Group Health Plan for Employees of Barnhill Contracting Co. v. Integon National Insurance Co. The plaintiff-health plan had a lien on settlement proceeds; nevertheless, defendant paid the full settlement proceeds to plaintiff’s insureds. Although the doctrine of equitable subrogation would allow plaintiff to make any claims available to its insureds, equitable subrogation is not a claim in itself, and the only claim asserted by plaintiff - conversion - is not one that belonged to its insureds, nor is it supported by our case law. We affirm summary judgment for defendant.

Read More »