USDC for So NY Rules on Medicare Subro Rights

The United States District Court for the Southern District of New York has ruled that Medicare has subrogation rights whenever another source of insurance is deemed primary, such as workers' compensation. In Manning v. Utilities Mutual Ins. Co. et al., 2004 WL 235256 (USDC - SDNY), Manning fell from a utility pole working for Niagra Mohawk in 1962, rendering him a quadriplegic. From 1962 to 1968, UMI, Niagra Mohawk's workers' comp carrier, paid benefits to Manning. In 1968, Manning obtained a tort recovery of $388,000 from New York Telephone Co., which owned the utility pole. I...