How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
12711280
Type Your Employment Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

Regarding an Erisa qualified companies right of subrogation

Customer Question

Regarding an Erisa qualified companies right of subrogation or lien for recovery of medical benefits from third party, may attorney for injured party recover attorneys fees
from Erisa payor?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

The Plaintiff is to be made "whole" so the argument is there that reasonable attorney fees should be included in this recovery process. Some states like Georgia specifically allow for attorney fees by statute in this circumstance while other, such as Mississippi, do not.

There is a recent US Supreme Court decision which seems to indicate that attorney fees of a reasonable nature should be awarded. The case is US Airways v McCutchen. Here is a detailed summary of that case: http://www.fortworthinjurylawyer-blog.com/2013/09/the-united-states-supreme-court-says-equitable-defenses-may-limit-the-subrogation-rights-of-erisa-pl.html

In short, attorney fees of a reasonable nature can and should be awarded in this context.

Let me know if you have any other questions.

Best wishes going forward and please rate my answer positively (4 or 5 stars).

Thanks