Hammack v. Baroid Corporation

JERRY E. SMITH, Circuit Judge:

In this case arising under the Employment Retirement Income Security Act (“ERISA”) of 1974, 29 U.S.C. § 1001 et seq., Joe Ham-mack sued Baroid Corporation, demanding coverage under the company’s health plan for his wife’s hospital bills. The district court concluded that the Medicare as Secondary Payer (“MSP”) statute, 42 U.S.C. § 1395y(b), does not apply and awarded Hammack $124, a fraction of what he had sought. Finding no error, we affirm.

I

When Hammack retired from his job with NL Industries in 1985, at age 55, he was under an NL Industries health plan that…