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CALDERA v. INSURANCE CO. OF THE STATE OF PA.

No. 12-40192.

716 F.3d 861 (2013)

Guadalupe CALDERA, Plaintiff-Appellant, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 2013.

Attorney(s) appearing for the Case

Daniel F. Home , Stone & Home, L.L.P., Corpus Christi, TX, Plaintiff-Appellant.

Dana Marie Gannon , Joy Marie Brennan , John R. Walker, Esq. , Smith & Carr, P.C., Houston, TX, Defendant-Appellee.

Before STEWART, Chief Judge, GARZA, and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge.

This case involves the interplay between the Medicare Secondary Payer Statute ("MSP"), 42 U.S.C. § 1395y(b), and Texas workers' compensation law.1 We must decide whether the MSP preempts a state law that requires a workers' compensation claimant to obtain preauthorization from the relevant carrier before incurring certain medical expenses. See Tex. Lab.Code Ann. § 413.014(c), (d);...

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