Kracht v. Aalfs Associates H.C.P.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

BENNETT, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION AND PROCEDURAL BACKGROUND.607

II. STANDARDS FOR SUMMARY JUDGMENT.608

III. FINDINGS OF FACT. Oí O

A. Undisputed Facts. O O

B. Disputed Facts. Oi H-i

IV. LEGAL ANALYSIS. vH

A. Standard Of Review. tH

B. Pre-existing Condition Analysis. CO

C. Pre-Certification For Kracht’s Surgery t~~

V.CONCLUSION.618

This litigation raises a troublesome issue in which forty-eight hours determines whether Plaintiff or his former employer’s health care plan must pay more than $50,000 in…