Commissioner’s Decision on Compensability – Is it Binding on an ERISA Plan’s Assertion of an Equitable Lien by Agreement in Connecticut?Is it Binding on an ERISA Plan’s Assertion of an Equitable Lien by Agreement in Connecticut?
Commissioner’s Decision on Compensability
Joel T. Faxon
June 30, 2014
In a this quarterly publication, presented by the Connecticut Bar Association, Joel Faxon examines ERISA. The specific issue at hand is: a Commissioner may dismiss medical treatment for many reasons such as the work injury is not a significant contributing factor to the need for treatment or that the treatment is not reasonable, necessary and curative. In this piece, payors of medical treatment under ERISA plans are trying to enforce liens based upon the argument that the Federal law (ERISA) pre-empts the state law (Chapter 568) and therefore, a Workers’ Compensation Commissioner’s dismissal of the treatment or medical bills is not binding on the payor under an ERISA plan.