Proton Beam Therapy Implied Covenant Claims Against Employer Fail

Mealey's (March 31, 2021, 1:24 PM EDT) -- TAMPA, Fla. — A man seeking reimbursement for his proton beam therapy establishes that an employer retained final authority over appeals but points to nothing in the plan suggesting that the employer retained control over what the plan considered medically necessary or labeled as experimental or investigational, a federal judge in Florida said March 26 in dismissing a breach of implied covenant of good faith and fair dealing claim....