Court Rules Against Unum Holding Plaintiff’s Plan is Exempt from ERISA Coverage

In Paula Le v. Unum Insurance Company of America, plaintiff was severely injured in an automobile accident and was unable to return to her job. She was covered by an employee welfare benefit plan (the plan) through her employer, Opelousas General Health System (OGHS). She was awarded long-term disability benefits beginning in September 2013.

In January 2017, Unum informed her it was terminating her benefits. Plaintiff insisted the termination was done without just cause. She filed a lawsuit in a Louisiana state court, alleging her benefits had been unreasonably terminated, and that Unum had violated several Louisiana laws.

Unum removed the case to federal court and filed a motion asking the Court to rule that the plan was governed by the Employee Retirement Income Security Act (ERISA) and Louisiana law did not apply. If Unum could convince the Court of this, then Plaintiff would be limited to receiving only the long-term disability benefits owed under the plan.

Plaintiff argued that ERISA did not apply to her plan. She said since her employer “operates as a political subdivision,” the plan was a governmental plan, exempt from ERISA regulations. If ERISA does not control, it opens the door for Plaintiff to pursue state remedies such as breach of contract, bad faith, and other actions for damages beyond the long-term benefits compensation.

After an in depth analysis, the Court ruled in favor of Plaintiff and held, “that the employee benefit plan established and maintained by OGHS is a ‘governmental plan’ which is exempt from ERISA coverage.”

ERISA Coverage and Exemptions

ERISA regulates employee benefit plans, but specifically exempts “any employee benefit plan if such plan is a ‘governmental plan.'” This case is limited only to the procedural issue of whether or not Plaintiff’s plan met the criteria as a governmental plan in order to be exempt from ERISA regulations.

OGHS is a Political Subdivision of the State and its Plan is Exempt from ERISA

The Supreme Court of the United States established a test to use when determining whether or not an entity is a political subdivision as defined by ERISA. First, is the entity created directly by the state. Second, is the entity “administered by individuals who ae responsible to public officials or to the general electorate.” Plaintiff need only prove the entity is a political subdivision under either the first or second prong, not both.

After analyzing the history of OGHA, the court held that it was a political subdivision of the state, and therefore, its plan was a governmental plan exempt from ERISA coverage.

OGHS is an Agency or Instrumentality of a Political Subdivision of the State

Even if an employer is not a political subdivision, it is still exempt from ERISA coverage if it is an agency or instrumentality of a political subdivision. The Court evaluated six factors to consider when making this determination. It noted that an entity does not have to meet all six criteria, but courts make their decisions weighing the factors as a whole.

The Court determined that five of the six factors weighed in favor of finding OGHS an agency or instrumentality of a political subdivision. The Court found “the employee benefit plan is a governmental plan exempt from ERISA’s coverage.”

This case was not handled by our office, but we thought it could be helpful for those who may have state claims under an employment benefit plan exempt from ERISA coverage. If you have questions about this, or any aspect of your disability claim, contact us at Dell & Schaefer for a free consultation.

DISABILITY INSURANCE COMPANY INFORMATION
Videos, Questions, Resolved Cases, Lawsuit Summaries & Company Reviews

disability insurance companies complaints

Leave a comment or ask us a question

FAQ

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Joseph F., DDS

When I became disabled early in my career as a dentist, I was expecting the disability insurance process to be a nightmare. With the help of Mr. Jessup and his team, it was far better than I ever thought it could be. He walked me through all the steps and made sure that we did everything that needed to be done to ensure a timely and positive response. Looking back on all the little details, I can’t see any way that I would have been able to handle it all by myself, let alone handle it in such a way to make sure everything was done in the best possible way to obtain a favorable response.

Having now gone through the process, I am certain that anyone faced with the prospect of filing a disability claim needs counsel and I can think of no better counsel than Mr. Jessup and his team and Dell & Schaefer.

Read 424 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us