Law.com - Federal Judge Orders Wal-Mart to Offer Health Insurance to Workers’ Stepchildren

The stepchildren of working parents in New York state are dependent children for the purposes of qualifying for coverage under federally regulated group health insurance plans, a federal judge has ruled.

William Lamica, now 13, is the son of William L. Vradenburg, husband of Wal-Mart employee Aime Vradenburg. The boy does not live with the Vradenburgs and Aime Vradenburg has not adopted him. Nor does she claim him as a dependent on federal taxes. William L. Vradenburg receives health insurance coverage through his wife’s Wal-Mart policy.

In O’Neil v. Wal-Mart, 8:05-cv-1572, Northern District of New York Judge Lawrence E. Kahn said the Wal-Mart plan provisions run counter to New York Insurance Law §2608-a, which expressly prohibits the denial of coverage to a parent’s child based on the fact the child was born out of wedlock, is not claimed as a dependent on federal tax returns or does not reside with the parent.

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Posted in Cases of Interest.

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