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icucimok

Guest
What is the name of your state?I need to know where to start a search to help choose the right lawyer. My mother is currently a Florida resident, and lives there with my 15 year old sister. She has had, until last week, medical coverage for her and my sister granted through an ex-employer for the last 17 years. Coverage was received through a court settlement relating to an on-the-job accident which left my mother disabled. It is my understanding that this company is a New Jersey company with New York insurance. Her coverage was dropped because of a recent change in NJ Law or New York Law dealing with insurance benefits and monthly percentages of one's income. (stated) If one's income is over ???% of gross earned with that company then they have the right to drop the insurred. My mother seems to fall just outside of that range by some 3%. Coincidentally, this news has come three weeks prior to, and two weeks after, an authorasitation form was submitted to the company for a ($300,000.00) open-heart surgery due to take place at Miami Children's Hospital on June 2nd.

I need to know where I should look to find:

1. information about this law, if it exists.

2. the kind of lawyer I need to contact if I have a case.

Is this a new thing to drop people's health coverage?
I am in London at the moment, but can be contacted at icucimok@yahoo.com.
Money has been spent on plane tickets and hotel rooms for family members, time off from work, ect. It would be nice to know that large holdings corporations can't just drop people at the last second if they so choose.

Thank You
Scott T.
 


ALawyer

Senior Member
I am sorry that I did not see this sooner.

As there is a settlement, its terms should govern, regardless of changes in state law UNLESS the settlement itself incorporated state law explicitly or by implication.

By attempting change in the terms of the settlement unilaterally, the employer is likely acting in violation of the settlement agreement.

Depending upon what the agreement says -- exactly what it says -- and depending on whether or not it was a private agreement to settle litigation (in which case it remains a private agreement) OR if it was incorporated into a court judgment -- in which case it is a court decree -- the route to getting the agreement enforced varies. If the latter, I would likely contact an attorney in the state where the original state, and perhaps the firm that got the settlement, and get its advice. Who knows, it may be possible to go back to court to get it enforced orthe failure to honor it may constitute contempt of court.

Otherwise I would see if the old firm is doing business in Florida and if so, so that jurisdiction could lie, seek out advice from an experienced Florida law firm who would be able to sue the firm in Florida. There are lots of questions and a strange possible interplay of ERISA and state laws, but get a good lawyer involved ASAP to review the agreement for starters.

ALSO, good lawyers rarely take cases like this on a contingency basis so be prepared to lay out something in legal fees.
 

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