Candy company seeks to recover accident benefits

Carol Ostrow Apr. 30, 2015, 12:33pm


The Hershey Company has sued a Columbia man in an employee benefits case originating in 2010.

The Hershey Company filed a lawsuit April 27 in U.S. District Court for the Eastern District of Pennsylvania, against Craig Manley of Columbia, alleging rights in a Employment Retirement Income Security Act of 1974 (ERISA) case as it applies to a May 2010 incident.

According to the complaint, Hershey maintains a self-funded employee welfare benefit plan for participating employees and their eligible dependent beneficiaries, and when Manley incurred injuries in a motorcycle accident May 16, 2010, the plaintiff’s plan paid medical benefits of at least $12,716.93 on Manley's behalf.

The suit says Manley settled a separate litigation with the person at fault in his accident for an amount in excess of that which Hershey covered, and that Manley is required to reimburse Hershey for the excess amount.

The suit contends Manley has breached the terms of the Hershey plan and ERISA.

The Hershey Company seeks injunctive action and seeks $12,716.93 in compensatory damages, along with attorney fees and court costs. The company is represented by attorney Richard A. Estacio of Gibson & Sharps in Bala Cynwyd. 

U.S. District Court Eastern District of Pennsylvania case number: 5:15-cv-02283-LS.

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