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High Court Clarifies Scope of Employer's Reimbursement Obligations

By Sherri Okamoto (Legal Reporter)

Thursday, July 10, 2014 | 0

The South Dakota Supreme Court ruled that the employer of a worker who underwent surgery at the expense of his private health insurance carrier was not obligated to pay the carrier for the actual cost of the surgery, but only to reimburse the carrier for the reduced amount it had paid. Case: Whitesell v. Rapid Soft Water & Spas, No. 26793-R-GAS, 07/02/2014, published. Facts: Jeffrey Whitesell filed a workers' compensation claim for a cervical injury. His employer, Rapid Soft Water & Spas, initially accepted his claim but later contested it.Whitesell underwent neck surgery...

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