HARRISBURG — A plan administrator has filed suit against a plan participant, citing alleged constructive trust for allegedly failing to honor a reimbursement claim.
HNI Corporation filed a complaint on May 3, in the U.S. District Court for the Middle District of Pennsylvania against Jordan Hess, alleging that the plan participant allegedly violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that it has paid medical expenses in the amount of $146,510.89 on behalf of the defendant for injuries he sustained as a result of an Oct. 18, 2014, motor vehicle accident.
The plaintiff holds Hess responsible because the defendant allegedly has settled claims against the party responsible for his injuries for the sum of $200,000 and has refused to honor the plan’s first-priority reimbursement claim, instead contending that the plan is entitled to nothing from the settlement.
The plaintiff requests a trial by jury and seeks an order enjoining the defendant from transferring or disposing of any settlement fund, an order directing the defendant to turn over the proceeds of any and all additional recoveries in the amount of $146,510.89, plus interest, other and further equitable relief to which it may be entitled, pre- and post-judgment interest, costs and attorneys' fees and other relief as the court may deem just and proper. It is represented by Richard A. Estacio of Gibson Kolb PLC in Bala Cynwyd and Ryan L. Woody of Matthiesen, Wickert & Lehrer SC in Hartford, Wis.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00746
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