Binion’s denies claim in health lawsuit

Alana Roberts

Wednesday, Feb. 25, 2004 | 10:39 a.m.

Attorneys for Binion's Horseshoe have denied charges in a lawsuit filed by a former employee who alleged the now-closed casino failed to provide health insurance coverage, although he had paid the premiums.

The lawsuit was filed on Jan. 16 by Richard Wuelly in Clark County District Court, but has since been moved to U.S. District Court.

Wuelly accuses Binion's of both breach of contract, due to the casino's alleged failure to pay for medical treatment, and of fraud due to the company's actions in taking the premium payments without providing the benefits. He said he has suffered damage to his credit as a result.

Wuelly is seeking $65,000 for his unpaid medical bills, $50,000 for the damage caused to his credit and another $250,000 for punitive damages.

Binion's attorneys said in the closed casino's Friday answer that the casino denies all the allegations. The answer also claims Wuelly failed to mitigate the damages and that the lawsuit is pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA).

ERISA is a federal law enforced by the U.S. Department of Labor that protects the retirement and health benefits of employees.

"Plaintiff's request for punitive and other monetary damages violates ERISA," the filing said.

Deanne Amaden, a Department of Labor spokeswoman, confirmed that the department's Employee Benefits Security Administration is working with the now-closed casino to resolve issues related to its alleged failure to provide medical benefits.

She couldn't confirm if Wuelly's lawsuit requests violate ERISA.

Mark Ricciardi, an attorney for Binion's, said the casino is working to settle the disputes.

"The bottom line is Binion's is currently settling with all of those (health) providers so the issue should before long be moot," Ricciardi said.