Liberty Mutual Defeats Pharmacy's Painkiller Cream Suit

Law360 (September 13, 2019, 4:13 PM EDT) -- A mail-order pharmacy can't sue Liberty Mutual Insurance Co. for its failure to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills because the dispute belongs before the Pennsylvania Bureau of Workers' Compensation, a Pennsylvania federal judge has ruled.

Excel Pharmacy Services LLC can't bring the proposed class action because it had not run through all its administrative remedies before the bureau, U.S. District Judge Cynthia M. Rufe wrote in her opinion late Thursday. Excel's insurance claims needed to be decided one by one through the bureau and the state courts, and could not support the pharmacy's request for...

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