Jake has two children with cystic fibrosis, each of whom has undergone a series of expensive medical
Question:
Jake has two children with cystic fibrosis, each of whom has undergone a series of expensive medical procedures and requires medication on a continuing basis. When Jake submitted a request for approval for an experimental surgical treatment (with supporting medical documentation), the Repacordy plan administrator, well aware that the plan had already spent a lot of money on Jake's kids, immediately sent the request back to Jake with one word, "Denied," written across the first page.
A few days later, Repacordy told Jake that he was being permanently laid off because the company had decided to downsize his department. Jake was provided with no documentation related to his lay off and was escorted out of the plant the same afternoon.For the last 2 months, Jake has been looking for comparable work, so far unsuccessfully. Although he received a check for his accrued vacation pay, he's received nothing else related to his Repacordy benefits or lay off. Today he found out that the company replaced him almost immediately and has since hired two additional employees for his department. All three new hires are single males with no dependents.
- In light of the course reading:
- Does this fact pattern raise any legal issues? If so, identify and describe each of them.
- Identify and describe the applicable laws and how they impact each of the issues.
- If you believe that Jake could bring a lawsuit based on this fact pattern, identify each claim and the law upon which it could be based, identify the elements of the claim, and explain to what extent he could establish each element.
- If you believe that Jake could not bring a lawsuit at this time, explain your analysis in detail.
- If additional information would be helpful to your analysis, explain how and why it would impact your analysis.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill