Court backs Medford on employee’s insurance
By Damian Mann, Mail Tribune, Medford, Ore. | |
McClatchy-Tribune Information Services |
"Hopefully today's opinion will help us find closure," City Councilor
It was the second ruling by the
Doyle and
The courts have treated the two cases differently because Doyle was retired when he filed the legal action, while Bova was still employed with the city.
Bova did not immediately respond to a request for a phone interview Wednesday.
In the original ruling in the Bova case,
Then, in
In 2010, the city estimated it would have to pay
The Court of Appeals, in its ruling, however, pointed out that the
Until 1990, the city offered retirees continuing health insurance. The city began to phase out the practice when it entered into an agreement with the
When Bova first sued the city in 2008, the legislative statute held that Bova had to show only that there was coverage in the marketplace available to retirees, regardless of the cost to the city.
But the
"Because that was not the correct standard to test the evidence presented on summary judgment, and because the city might have created a different evidentiary record under the (new
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