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9th Circuit: Plan Properly Denies Benefits Based On Third-Party Injury Exclusion

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SAN FRANCISCO - A multiemployer plan did not violate its fiduciary duties under the Employee Retirement Income Security Act by denying a participant's claim for medical benefits based on the plan's exclusion for injuries caused by third parties when the participant pursues or intends to pursue a claim against the third party, the Ninth Circuit U.S. Court of Appeals affirmed April 4 (Carl John Noecker v. Southern California Lumber Industry Welfare Fund, et al., No. 11-55593, 9th Cir.; 2013...(read more)

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