HUNTINGTON — The West Virginia Supreme Court docket has upheld a Cabell decide’s ruling stating retired Huntington firefighters’ medical health insurance was not improperly modified underneath modifications made to the insurance coverage in 2017.
The lawsuit was filed by Herschel Marshall in 2017 in opposition to town of Huntington, who argued town shouldn’t have modified retiree medical health insurance advantages with out the chance to renegotiate them. About 70 to 80 further retired firefighters joined within the go well with after town filed a counterclaim. They have been added so town wouldn’t must cope with comparable lawsuits.
The lawsuit stated the change was made in breach of a contract as a result of it altered a 1999 collective bargaining settlement (CBA) that was in drive when Marshall retired in August 2000.
The town made modifications to retiree medical health insurance advantages in April 2017, which resulted in increased deductibles and co-pays for contributors. Nonetheless, Marshall’s lawyer stated town ought to have continued honoring decrease charges it beforehand agreed to when Marshall retired in 2000.
Cabell Circuit Decide Gregory Howard disagreed with Marshall, stating there was no proof any of the retiree medical health insurance advantages sought by the plaintiffs have been in existence throughout the CBA or on the time of his retirement.
The choice upholding Howard’s choice was concurred with final week by 4 justices, with Justice Margaret L. Workman dissenting.
The justices wrote that the “Petitioner is being afforded the identical advantages which can be being provided to different retirees. Due to this fact, underneath (the regulation), the Metropolis had the appropriate, within the absence of a written contract, to change the medical health insurance advantages provided to its retirees, together with petitioner.”
An lawyer representing town within the circuit court docket had stated there was no assure plans would by no means change or improve charges and that state code provides municipalities the flexibility to barter insurance policy, requiring the identical plans be provided to present staff, retirees and their households.
The well being care plans are negotiated yearly.
Marshall’s lawyer had stated town didn’t have the appropriate to alter Marshall’s insurance coverage advantages as a result of, in response to the CBA, they might solely negotiate on behalf of present firefighters within the union and never retirees.
Huntington Metropolis Legal professional Scott Damron stated he was glad to see the case’s end result.
“We’re completely happy to get this behind us. It did create some uncertainty, however this case did settle the regulation on this situation,” he stated. “We’re completely happy they sustained our place.”
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