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Murphy, Hesse, Toomey & Lehane Attorneys Find Favorable Decision in Appellate Court

 

Kevin Freytag and Michael Maccaro represented the Town of Natick (“Town”) regarding a dispute that arose out of a two year agreement between the Town and a committee of Natick town employee organizations known as the Public Employees Committee (“PEC”). The agreement was regarding an opt-out provision for health insurance which was a cash stipend given in place of health insurance for those that already had coverage from some other source. This employee opted out of an agreement for health insurance then brought suit claiming to be entitled to a cash stipend for the entire two year duration of the agreement even though the employee retired before the end of the first year of the two-year agreement.

 

Thomas E. Forance and Local 1707 of the International Association of Firefighters (“Local 1707”) filed an action that Florance was entitled to a cash stipend for the entire two-year period of the agreement and not just the time he was actually an employee in Natick. The town paid Forance a cash stipend that was prorated to the time that Forance was an employee and then deemed him ineligible to receive any additional benefits due to his status of no longer an employee of the town but a retiree.

 

Attorneys Freytag and Maccaro will be headed back to trial after the appellate court reversed the judgement on behalf of local 1707 and Forance, the judgement was vacated, thus bringing the case back for trial.

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The Supreme Court Blocks OSHA Vaccination and Testing Requirements but Upholds HHS Vaccination Requirements

On January 13, 2022, the United States Supreme Court issued a “stay” that prevents OSHA’s Emergency Temporary Standard (“ETS”) from taking effect for the time being. On the same day, the Supreme Court also issued a “stay” that allows the Health and Human Services (“HHS”) mandatory COVID-19 vaccination rule for all Medicare and Medicaid funded facilities to go into effect. Given that both of these rulings involved applications for preliminary or emergency relief, neither of them represents the final word on the enforceability of the vaccine and/or testing mandates, and additional litigation is a certainty as the lower courts further evaluate the legality of the mandates.

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