(DOWNLOAD) "Burkey v. Government Employees Hospital Association" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Burkey v. Government Employees Hospital Association
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 17, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

EDITH H. JONES, Circuit Judge: Linda W. Burkey Mahaffey, a federal employee, and Carey David Burkey filed suit in 1986 contending that the Government Employees Hospital Association (""GEHA"") breached its contractual agreement to pay Carey David Burkey's medical bills. They were awarded recovery under Louisiana law, which authorizes damages and attorneys' fees for unreasonable delay in paying health and accident insurance claims. La.Rev.Stat.Ann. 22:657 (West Supp.1992). We hold, contrary to this award, that Louisiana's penalty provision is inconsistent with and therefore preempted by the federal law regulating federal employee health benefits. 5 U.S.C. § 8902(m)(1). We also hold that although Mahaffey did not file a standard claim form with GEHA, she informed the carrier timely and repeatedly of her quest for benefits, both orally and in writing, in substantial compliance with GEHA's contractual provisions concerning the filing of claims. Consequently, the judgment for recovery of medical expenses, though not for statutory penalties and attorneys fees, is affirmed.