Tainsh or Plaintiff) for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(6). International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Download the UPS Teamsters App from Google Play, Download the UPS Teamsters App from the App Store, Teamsters Western Region & Local 177 Health Care Plan, Teamsters Tell UPS: Make Movement on Our Members Issues Now, Supplemental Talks Move to D.C. as Teamsters Call Out UPS for Stalling Regional Negotiations, UPS Teamsters Rally for a Strong Contract in Southern California, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. E>>v?|y{9 z%_7m.zJ)nw;[+?T/w}T/&Q]x$_u,U_@N WESTERN TEAMSTERS WELFARE TRUST. Visit Website. 14 at 4, 6.) He joined Local 162 in 1994 loading trucks at UPS and served as a steward. Dr. Tainsh did not pursue such arbitration, and instead seeks to recover payment from Defendant by acting as an attorney-in-fact (agent) for Mr. Hutchins (principal). *eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{) \69? J|3#U.P6 y.l9`p*vk\@yVkZ[aA>sH RzC;}@u*v-]]t\&&3..BU[wJ;KLO}5zUhDkWPmxj0>,6\E-2X#yI9I0KX?< V .d%_=TF#fwn("Do $**AZVg!6JCD[P9NV7sPrFG)I uD8Ohq$ `Af O bM.D FM9}KGlt *hmK[W(r/ itb%l=;7sz)}t$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! (dam). 2019) ([W]hether a party has derivative standing to file an ERISA claim involves a merits-based determination,' such that a motion to dismiss for lack of ERISA standing . of Allegheny, 515 F.3d 224, 231 (3d Cir. Action to Enforce a Plan Benefit Pursuant to U.S.C. Id. An adequate complaint must be a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. On March 22, 2022, Davison was sworn in as Western Region Vice President of the International Brotherhood of Teamsters and appointed Western Region Package Director. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? * Please make sure to use the latest browser version. Plaintiff's claim, therefore, is dismissed. 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; Id. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! See link under "Important Links". Gregory Sanchez v. Teamsters Western Region and Local 177 Health Care See N.J. Spine & Orthopedics, LLC, 2020 WL 491258, at *2; O'Brien v. Aetna, Inc., 2021 WL 689113, at *3; Lutz Surgical Partners PLLC v. Aetna, Inc., No. 9 0 obj <> endobj It's designed to be convenient, comprehensive, and above allto provide high quality care. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Retirement Benefits: The Teamsters Western Region 177 Retiree Health Plan will be available only for those individuals that retire on and after January 1st 2014. May 23, 2022) (quoting In re Asbestos Prods. You can explore additional available newsletters here. This Court finds that, with the discreet facts presented here, combined with the fact that Mr. Hutchins will not derive any benefit whatsoever from any recovery, the POA is the functional equivalent of an assignment, which is thus barred by the anti-assignment provision of the ERISA plan, and Dr. Tainsh is functionally acting as Plaintiff, but lacks standing to pursue the claim. Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. Apr. Vision benefits are available once every 12 months for you and your covered dependents. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. Y2)V?_v!,:Ma4@5l3Q 5Y Login. He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. The division is responsible for ensuring that management abides by the UPS Master Agreement. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. Sanchez v. Teamsters W. Region & Local 177 Health Care Plan 6-1 at 8.) Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. Generally, courts apply the Rule 12(b)(6) standard when a defendant challenges a plaintiff's standing to bring an Employee Retirement Income Security Act (ERISA) claim. Litig. D.E. If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. Package Division Organization Chart . 2015))). Under this benefit, which applies to COVID-19 test kits purchased on or after January 15, 2022, and through the end of the Coronavirus public . 8(a)(2). This Trust Fund does not currently sponsor any Social Media sites - Please refer to the Contact Us section of this website for any questions regarding your benefits. I believe that retiree medical coverage is renewed with each new contract approval. page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. v. United Health Grp., Inc. et al., this Court found that a power of attorney functioned as an assignment, which was barred by the anti-assignment clause of the insured's ERISA plan. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. (quoting In re Complaint of Bankers Tr. If you are covered under the Utah-IdahoGroup BenefitsPlan, you must call Group Benefit Administrators at 801-972-1177 or 1-800-657-5377 for inquiries and insurance claims. 5:2016cv02083 - Document 52 (C.D. Most supplements are different. He also serves as an International Western Region Package Division Representative. On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. Sign up or login now to get instant access to claims, explanation of benefits, and more! Routine exams are covered for just a flat $10 copay when you visit a participating provider. Be P` Ky.are All states will probably follow Cali's lead. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' Local 177 Retire Healthcare Coverage | UPS Union Issues Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. (D.E. Teamsters Western Region & Local 177 Health Care Plan and $5 is our co=pay for prescriptions. 1 7-10; D.E. In American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, the Third Circuit held that anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable. 890 F.3d 445, 453 (3d Cir. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy For additional website materials, please return to www.wr177healthcare.com As an independent Third Party Administrator "TPA" specializing in labor-management, Taft-Hartley Fund Administration, we are pleased to provide our SSAPortal offering access 24/7 for: Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 1132(g)(1), which provides that the [C]ourt in its discretion may allow a reasonable attorney's fee and costs of action to either party. This Court declines to exercise such discretion at this time and denies Defendant's request to impose such fees and costs, without prejudice. v. Horizon Healthcare Servs., Inc., No. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. Our health insurance since retired is from Retirees benefit trust from the union i guess. In so finding, the Third Circuit noted that anti-assignment clauses do not preclude an insured from grant[ing] a valid power of attorney that confer[s] on his agent the authority to assert [a] claim on his behalf. Id. It contains the same info as the website. This Court having considered the parties' submissions, having reached its decision without oral argument pursuant to Rule 78, and for the reasons stated herein, Defendants' Motion to Dismiss is GRANTED. v. Aetna, Inc., 774 Fed.Appx. 2004)); see also Phillips v. Cnty. * Please make sure to use the latest browser version. at 455. However, Sanchez alleges that his religious . We got critical information about the contract campaign and how we could get involved. See link under "Important Links". Southwest Service Administrators, Inc. This Court addresses each issue in turn. If the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint should be dismissed for failing to show[] . Telephone Business Hours Mon-Fri 7:30am-4:30pm, All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248, Pension Funds: 801-266-3271 toll free: 800-453-4584, Telephone Business Hours Mon-Fri 8:30am-4:30pm. He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. Medicare becomes primary and our teamster health benefits are secondary. at 12.) JavaScript is disabled. Due to the current circumstances, for your safety as well as that of our employees, our customer walk-in area will be closed until further notice. (Id. Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact))). (No. This site has been established for you to view Life Claims and 1095-B Forms. Download the UPS Teamsters App from the App Store Package Division Resources. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. You are using an out of date browser. In other words, in certain instances, a power of attorney can enable an agent to benefit a principal by handling the principal's affairs and ensuring medical claims are addressed as needed. The calls will take place at the following times: Thursday, May 8, 8pm eastern (Local 177 Teleforum) Thursday, May 8, 7pm western (Western Region HC Teleforum) Wednesday, May 21, 8pm eastern (Local 177 Teleforum) The authority to act on behalf of the principal' is the primary issue at hand in this matter. Article 30(b) - Language added for all employees covered by the Teamsters Western Region and Local 177 Health Care Plan (TWR177) that the company shall make health and Beverly Oaks, an out-of-network healthcare provider, performed medical procedures on 14 patients who were covered under employer-sponsored health insurance plans administered by Blue Cross. 2002)). Cal. 15-02595, 2021 WL 2549343, at *6 (D.N.J. Support TDU Women's Leadership Development, Registration Now Open! An appropriate order follows. d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ 21-1051, 2022 WL 1616972, at *2 (3d Cir. Medicare is the primary and the balance is covered by retiree coverage. United States District Court, D. New Jersey. Sign up for our free summaries and get the latest delivered directly to you. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Western Region and Local 177 UPS Health Plan - Teamsters for a If you are employed by any of the following, you have health insurance through the Utah-Idaho Teamsters plan: If you are employed by any of the following, you have health insurance through theOregon Teasmters Employer Trust: Call 800-547-1314 See link under "Important Links", If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibilityor 1-800-872-5439 for claim inquiries. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . One really needs to educate oneself on what Medicare pays for and how often. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". at 454. _,EL#.Rb@@L#E? 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, ("Dr. Tainsh" or "Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal . 26:2SS-11(a). Dr. Tainsh is not acting as an agent and is instead clearly representing her own interests in an obvious end-run around the anti-assignment provision of the ERISA plan. I. Feb. 23, 2021) (same). 14 at 13.) 25, 2022). I believe that true in California as well.
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