SAN FRANCISCO – A health and welfare trust fund alleges a Sacramento County man is obligated to reimburse it for medical costs.
Board of trustees of the Laborers Health and Welfare Trust Fund for Northern California filed a complaint on Nov. 29 in the U.S. District Court for the Northern District of California against Jason Ross citing the Employee Retirement Income Security Act and alleging unjust enrichment.
According to the complaint, the plaintiff alleges that on March 23, that the defendant, while he was a participant in the Trust Fund’s Health and Welfare Plan, sustained injuries as the result of a motorcycle accident. The suit states the plaintiff paid benefits on defendant's behalf of $132,960.60. The suit states as part of the terms and conditions of the plan, the plaintiff has a right to reimbursement of any third-party recovery received by the defendant. The plaintiff alleges the defendant recovered an amount from the responsible parties for the injuries.
The plaintiff holds Ross responsible because the defendant allegedly failed to fulfill its obligations under the agreement and by failing to reimburse plaintiff for the expenses it sustained against any third-party recovery.
The plaintiff requests a trial by jury and seeks judgment on its behalf, restitution of no less than $100,000, plus interest and profits, imposition of a constructive trust, attorneys’ fees and costs of suit, and further relief as the court may deem proper. It is represented by Heather J. Zacharia, Susan Olson and Ronald L. Richman of Bullivant Houser Bailey PC in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06861