The New York City Transit Authority was entitled to a special hearing to determine whether a multi-million-dollar jury award for a paralyzed employee could have been offset by insurance coverage under the Patient Protection and Affordable Care Act.
In a case of first impression, the New York Supreme Court’s Appellate Division ruled Wednesday that a trial court should have granted the transit authority a collateral source hearing to determine whether a $110 million jury award for Robert Liciaga could be offset by an ACA policy.
Mr. Liciaga was paralyzed after being struck on the back by a railroad tie during a 2016 project to replace a section of railroad track in Brooklyn. A jury said the transit authority’s negligence caused the accident and it found the agency liable for the injury.
The jury awarded Mr. Liciaga $9 million for past pain and suffering, $60 million for future pain and suffering, $1.17 million for past medical expenses and $40 million for future medical expenses.
The transit authority argued the award was excessive, and that it should have been granted a hearing to determine whether Mr. Liciaga’s future medical expenses could be offset by an ACA policy.
The appeals court said the trial court erred in denying the hearing request, and that the defendants are entitled to show that an ACA policy could pay for future medical treatment “in a manner that would reduce his future medical expenses by millions of dollars.”