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ESTATE OF SUSKOVICH v. ANTHEM HEALTH PLANS, VA.

No. 08-1070.

553 F.3d 559 (2009)

ESTATE OF Anthony J. SUSKOVICH, Plaintiff-Appellant, v. ANTHEM HEALTH PLANS OF VIRGINIA, INC., Anthem Insurance Companies, Inc., Anthem Life Insurance Company, Health Management Systems, Inc., Orientation Benefit Administrators, Inc., the Wellpoint Companies, Inc., Wellpoint, Inc., and its Pension and Welfare Benefits Plans, the Fiduciaries and Administrators of the Plans, and Trasys, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 2009.

Attorney(s) appearing for the Case

Mark R. Waterfill (argued), Dann, Pecar, Newman & Kleiman, Indianapolis, IN, for Plaintiff-Appellant.

Kenneth J. Yerkes (argued), Barnes & Thornburg, Indianapolis, IN, David T. Croall (argued), Porter, Wright, Morris & Arthur, Cincinnati, OH, for Defendants-Appellees.

Before CUDAHY, FLAUM, and SYKES, Circuit Judges.

FLAUM, Circuit Judge.

Until his sudden death in 2006, Anthony J. Suskovich worked as a computer programmer for WellPoint, a health insurance company, and Trasys, an information technology (IT) company. In exactly what capacity he worked for those two companies is the subject of this present case. Suskovich's estate claims that he was a regular employee, and worse, one that was not paid overtime or enrolled in benefits programs for which he was eligible, and who owes...

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