Wal-Mart's health plan sued an ex-worker, brain-damaged in a crash, to collect money from a settlement she'd received. It's part of a trend in which companies aggressively try to recoup insurance costs.

By The Wall Street Journal

A collision with a tractor-trailer seven years ago left 52-year-old Deborah Shank permanently brain-damaged and in a wheelchair. Her husband, Jim, and three sons found a small source of solace: a $700,000 accident settlement from the trucking company involved.

After legal fees and other expenses, the remaining $417,000 was put in a special trust. It was to be used for Deborah Shank's care.

Instead, all of it is now slated to go to Deborah's former employer, Wal-Mart Stores.

Two years ago, the retail giant's health plan sued the Shanks for the $470,000 it had spent on her medical care. A federal judge ruled last year in Wal-Mart's favor, backed by an appeals-court decision in August. Now, Deborah's family has to rely on Medicaid and her Social Security payments to keep up her round-the-clock care.

"I don't understand why they need to do this," says Jim Shank on a recent visit to the nursing home, between shifts as a maintenance worker and running a tanning salon. "This girl needs the money more than they do."

Deborah, who needs help with eating and other basic tasks, has spent more time alone since Jim had to let her private caregiver go. At some point, he says, she may have to be moved from a private to a semiprivate room in the nursing home where she lives.

The reason is a clause in Wal-Mart's health plan that Deborah Shank didn't notice when she started stocking shelves at a nearby store eight years ago. Like most company health plans, Wal-Mart's reserves the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit.

Two years ago, Wal-Mart's health plan sued Deborah and Jim Shank for the $470,000 it had spent on her medical care.

Going after the money

Until recently, many employers didn't vigilantly enforce the provision, and some states and federal courts didn't think the claim held water. But as the cost of covering workers continues to escalate, employers and health plans are getting more aggressive about going after the money. A U.S. Supreme Court ruling last year also has given them a clearer legal map to suing employees and winning.

In insurance circles, the recovery practice is called "subrogation." Employers and insurers say it's necessary to ensure that medical expenses aren't paid twice. By recovering those costs from someone who's been compensated elsewhere, they argue, they're saving money for everyone on the plan.

Sharon Weber, a spokeswoman for Wal-Mart, declined to discuss the details of the Shanks' case, but she said the company was obliged to act in the interest of the health benefits of its employees as a whole. "While the case involves a tragic situation, our responsibility is to follow the provisions of the (company health) plan which governs the health benefits of our associates," she said.

"Employers are trying to make sure these plans run as efficiently as possible," says Jay Kirschbaum, a senior vice president at global insurance broker Willis Group Holdings. "They also have a fiduciary duty to the plan and the entire group of employees that are covered by it."

The Man Rules
At last a guy has taken the time to write this all down

Finally , the guys' side of the story.
We always hear " the rules "
From the female side.

Now here are the rules from the male side.

These are our rules!
Please note.. these are all numbered "1 "
ON PURPOSE!

1. Men are NOT mind readers.

1. Learn to work the toilet seat.
You're a big girl. If it's up, put it down.
We need it up, you need it down.
You don't hear us complaining about you leaving it down.

1. Sunday sports It's like the full moon
or the changing of the tides.
Let it be.

1. Crying is blackmail.

1 Ask for what you want.
Let us be clear on this one:
Subtle hints do not work!
Strong hints do not work!
Obvious hints do not work!
Just say it!

1. Yes and No are perfectly acceptable answers to almost every question.

1. Come to us with a problem only if you want help solving it. That's what we do.
Sympathy is what your girlfriends are for.


1. Anything we said 6 months ago is inadmissible in an argument.
In fact, all comments become Null and void after 7 Days.


1. If you think you're fat, you probably are.
Don't ask us.

1. If something we said can be interpreted two ways and one of the ways makes you sad or angry, we meant the other one

1. You can either ask us to do something
Or tell us how you want it done.
Not both.
If you already know best how to do it, just do it yourself.

1. Whenever possible, Please say whatever you have to say during commercials..

1. Christopher Columbus did NOT need directions and neither do we.

1. ALL men see in only 16 colors, like Windows default settings.
Peach, for example, is a fruit, not A color. Pumpkin is also a fruit. We have no idea what mauve is.

1. If it itches, it will be scratched.
We do that.

1. If we ask what is wrong and you say "nothing," We will act like nothing's wrong.
We know you are lying, but it is just not worth the hassle.

1. If you ask a question you don't want an answer to, Expect an answer you don't want to hear.

1. When we have to go somewhere, absolutely anything you wear is fine... Really .

1. Don't ask us what we're thinking about unless you are prepared to discuss such topics as baseball
or golf.

1. You have enough clothes.

1. You have too many shoes.

1. I am in shape. Round is a shape!

1. Thank you for reading this.
Yes, I know, I have to sleep on the couch tonight;


But did you know men really don't mind that? It's like camping.

Pass this to as! many m en as you can -
to give them a laugh.

Pass this to as many women as you can -

to give them a bigger laugh.

The issue of immigration is really getting in the press more and more and seems to be heading for some sort of large action on behalf of the people.  Immigrants who are here illegally have two choice, eith go home or obey are lawas and legally become citizens.  The onyl ones upset about this and attempting to manipulate people and the hwole of our country are those who do not want to follow the laws and do things the way we have determined that they should be done.  It really is black and white as the laws are on the books and it is not Americans attempting to change the laws that our forefathers came to this country under.  OBEY THE LAW, do what is right before the site of God and man.  ANOTHER OPTION, let's make Mexico the 51rst state.  The Mexicans I have known and know are good hard physical laboers and California needs more room and they have tons of coastline to build nice luxuary homes on.  The oil alone would probably thrust us into the largest supplier and user of oil all in one fell swoop.  You may say this is a stupid idea, but it is just about as stupid as illegal immigrants attempting to change our laws and manipulate our system.  America it is time to stand up for what so many have died for and PROTECT OUR COUNTRY!  I am sorry if you are illegal or have or know illegal family members or nice people, but it is not about emotion it is about following our laws. 

Recently I have pondered how things are told to us, how they appear and how traditions are carried on unchecked for the most part.  COnsider for a second, England.  England, to me, to most of the world is the utmost of sophistication and elegance... tot eh extent that their police force does not need to carry arms, they are able to verbally wrestle criminals to the ground without the canablaistic use of force.  Yet, when you think about it, Britian is probably repsonsible for more hytrocities the world over than any other nation.  I realize when I write this that American's killed many many indians, nearly wiping them off the face of the globe... yet event hink about that Americans were Britans!  Second generation all be.  England has been responsible for devestation in Africa and India that are unmatched.  Slavery, you might almost say it was their creation.  WHo am I to challenge the all might crown?  1/4 Brit here and 1/16th Cherokee!  Yikes.  The image does not match up with their history.  Well I guess if I think about it, neither does ours, we cry peace peace and yet are the purveyors of war more so than any nation in the history of the earth.