A recent decision of the Hawaii Supreme Court, AFL Hotel Restaurant Workers v Bosque, Civ No. 03-1-0264 (April 28, 2006) has helped to clarify Hawaii law on medical lien claims against personal injury recoveries. The case clearly indicates that without a separate reimbursement agreement, an ERISA plan that paid medical benefits is unable to enforce any lien claims at least in the Hawaii courts. Conversely, however, to the extent that a reimbursement agreement exists, the case appears to hold that that separate document creates a state law cause of action and this action can be brought in Hawaii state court - even though the action seeks to enforce plan reimbursement provisions which are unique to ERISA and overreaching under Hawaii state law. An appeal of the latter result is under consideration.
Toddler at daycare injured in a dog attack in Riverside County, California. The injured infant received 180 stitches on her face, arms and stomach. It happened at a home being used as a daycare center on the mainland. The dog involved was a pit bull - which is probably the most dangerous breed of dog to humans. See, Pit bull attacked girl inside Hemet day care center
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