Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (Arg. 11/09)
This case is seeking to determine whether a man must repay an insurance company for medical expenses it paid after he received a settlement from the drunk driver who injured him. Montanile’s insurer, The National Elevator Industry Health Benefit Plan paid $121,044.02 of Montanile’s initial medical expenses, according to the petition. After Montanile sued the drunk driver and received a $500,000 settlement, the Nat’l Elevator Plan sought reimbursement of the $121,000 it paid for Montanile’s medical expenses. The court must interpret the Employee …show more content…
After being placed on emergency placement for “mismanagement”, an agreement was signed on December 16, 2009 under which Green’s emergency placement ended, and he was allowed to use accumulated leave to compensate him for the suspension time. He was removed from his Englewood position and given the choice between taking a demoted position in Wyoming, 300 miles away, with a $40,000 pay cut, or retiring. Green ultimately submitted his resignation on February 9, 2010, effective March 31. On March 22, he contacted an EEO counselor, 41 days after his February 9 resignation and alleged that, given the choice he was forced to make, he had been constructively discharged. Green sued and the District of Colorado court found that his signing the December 16 agreement triggered the 45-day filing period for his constructive discharge claim and thus held it