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FIGHTING FOR HIS RIGHTS
Man Wins $40 Lawsuit

Reported by: Send eMail Steve Borecky
Videographer: Steve Borecky
Web Producer: Steve Borecky
Updated: November 12, 2008 9:52am

EYEWITNESS NEWS ONLINE VIDEO
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How far would you go for $40?

When Sam Juniper retired from M & G Polymers back in 2000, he had no worries about his pension plan. The book describing his health benefits said nothing would change even if the company switched insurance providers.

But following some medical tests in 2002, Juniper received a bill for $40, and was told the company's new health provider Aetna Insurance would not cover the cost of the blood work.

That began a five year court battle. After starting in Mason County Court, the dispute went all the way to the U.S. Court of Appeals in Richmond, Virginia.

Each court ruling favored Juniper, saying even though M & G changed insurance companies, the new provider should have honored the agreement in his pension plan.

"I fought it because of principle. I always thought this case was simple and I was right. I always thought I could win it, and the only way I would lose is a technicality with the courts," said Juniper

Mark Underwood handled Juniper's case pro bono and says someone had to step to the plate. "While $40 may be small in the grand scheme of things, $40 again and again for hundreds of M & G employees and their families adds up."

Juniper is still waiting for his $40 refund, but says he has no plans to cash it. Instead, he says he will buy a frame and hang it on his wall.




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