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Employer's Benefit Plan Wrongfully Cut Off Payments for Worker's near-Fatal Fall

By Sherri Okamoto (Legal Reporter)

Thursday, September 18, 2014 | 0

A Texas appellate court ruled this week that a non-subscribing employer's alternative benefit plan wrongfully terminated its payments to a seriously injured worker less than three months after his near-fatal fall. The 5th District Court of Appeals at Dallas said in its decision Monday that the B & S Welding Work Related Injury Plan had acted unreasonably, not only in its decision to deny benefits to Juan Pedro Oliva-Barron, but for doing so while he was still undergoing treatment for his injuries.  While the benefit plan said video surveillance footage showed inconsist...

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