Totten v. Hill
California Court of Appeal
1Opinion of the Court
Opinion
SIMONS, J.
The Laborers Health and Welfare Trust Fund for Northern California (Trust Fund) 1 is an employee health and welfare benefit plan (Plan) subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.) (ERISA). In 2003, it paid out $167,767 in benefits for medical expenses incurred by one of its participants, defendant and respondent Jeanne L. Hill (Hill), who had suffered a punctured bowel during surgery. In 2004, Hill received a $230,000 settlement in the medical malpractice lawsuit she filed against her doctor for his alleged negligence. Upon…
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