EBIA Weekly Archives - COBRA - Court Cases
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Results (265 articles found)
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- Claim for Failure to Provide COBRA Notice Should Have Been Brought Under PHSA, Not ERISA
- From the March 18, 2010 EBIA Weekly
- The employee in this case took FMLA leave. When she left, her work as payroll supervisor for a school was up-to-date, but when she returned from leave, she found that employee benefits reconciliations had not been completed in ...
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- No Disability Extension for Employee Who Failed to Give Timely Notice of SSA Determination
- From the March 11, 2010 EBIA Weekly
- The employee in this case was terminated a year after a nonwork-related disabling injury, and he and his spouse elected and paid for COBRA coverage for 18 months. The insurer for the employer’s group health plan accepted ...
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- COBRA Election Notice Presumed Received Based on Date-Stamped Evidence of Mailing by U. S. Postal Service
- From the February 25, 2010 EBIA Weekly
- The employee in this case was terminated after he didn’t return from leave taken under the Family and Medical Leave Act (FMLA). The employee sued his employer alleging that it had interfered with his right to FMLA leave ...
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- No COBRA Election Notice Was Required for Employee Who Canceled Her Insurance Coverage Shortly Before She Was Terminated
- From the February 18, 2010 EBIA Weekly
- The employee in this case was in a car accident before she was able to complete the 90-day waiting period for eligibility under her employer’s health plan. Nevertheless, the employer permitted the employee to enroll in its ...
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- Penalties Awarded for Election Notice That Misstated Date of Qualifying Event and Date Existing Coverage Would Terminate
- From the February 11, 2010 EBIA Weekly
- The central factual issue in this long-running employment dispute was the date of the employee’s job termination, which controlled the date his employer-provided health insurance should have ended. The employer claimed that the employee (a commissioned ...
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- Based on Late COBRA Election Notice, Court Awards Unreimbursed Medical Expenses (Less COBRA Premiums)
- From the January 07, 2010 EBIA Weekly
- After the employee in this case had back surgery, he was certified by his doctor as being unable to return to work for approximately 12 weeks. The employee allegedly informed his employer of the pending surgery and work restriction. About ...
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- Election Notice Mailed to Address Provided by Employee Satisfies Cobra Notice Obligation
- From the December 17, 2009 EBIA Weekly
- The employee in this case resigned and sued her employer for employment discrimination, as well as $110 per day notice penalties under COBRA. With respect to the COBRA claim, the employer’s COBRA administrator had mailed the employee a ...
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- Fifth Circuit Rejects Employee's Retaliation Claim Based on Employer's Refusal to Accept Late COBRA Premium
- From the December 10, 2009 EBIA Weekly
- The employee in this case was terminated after filing EEOC complaints under the Americans with Disabilities Act (ADA). He elected COBRA and made his initial premium payment on time, but was late making the next payment. He learned that his ...
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- DOL's Expedited Review of Health Plan's Denial of ARRA COBRA Premium Subsidy Upheld by Court
- From the November 05, 2009 EBIA Weekly
- The union-sponsored health plan in this case denied an individual’s request to receive the 65% COBRA premium subsidy available for “assistance eligible individuals” under the American Recovery and Reinvestment Act of 2009 (ARRA). The plan ...
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- Court Refuses to Impose Separate Penalties for Multiple Beneficiaries Affected by a Single COBRA Notice Violation
- From the November 05, 2009 EBIA Weekly
- After the employee in this case was terminated, his employer sent him a timely COBRA election notice. Believing that it was legally inadequate because it was missing certain information, the employee wrote “void” on it and sent it ...
