Szewczyk v. Department of Social Services

I respectfully disagree with the majority’s conclusion that the plaintiff, Zbigniew Szewczyk, did not suffer from an emergency medical condition under the definition set forth in either the federal statute, 42 U.S.C. § 1396b (v) (3), or the state regulation, § 3000.01 of the Uniform Policy Manual of the defendant department of social services (department), and was, therefore, not entitled to receive benefits. Accordingly, I would reverse the judgment and *53direct the trial court to remand the matter to the department to grant the plaintiffs application for benefits.

The underlying facts of this…