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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Cheshire
No. 99-484
JOHN MARSHALL & a.
v.
KEENE STATE COLLEGE
November 21, 2001
James F. Allmendinger, of Concord, staff attorney, NEA-New Hampshire, by brief and orally, for the plaintiffs.
Nelson, Kinder, Mosseau & Saturley, PC, of Manchester (William C. Saturley and David R. DeVeau on the brief, and Mr. Saturley orally), for the defendant.
NADEAU, J. The plaintiffs, John Marshall and the Keene State College Education Association, NEA-NH (the association), appeal orders by the Superior Court (Brennan, J.) on a motion to dismiss and by the Superior Court (Mangones, J.) on cross-motions for summary judgment. The court upheld an arbitrator’s decision that a lifetime cap on mental health benefits in the University System of New Hampshire’s self-funded employee benefit plan did not violate the parties’ collective bargaining agreement (CBA). We affirm.
The following facts are recited in the decision of either the trial court or arbitrator, or appear in the record. Marshall, a professor at Keene State College (KSC), suffered from depression requiring outpatient treatment and medication. He was insured under a medical benefits plan provided by KSC, which, in turn, is self-insured. The plan contains an annual cap on outpatient mental health benefits of $3,000 and a lifetime cap of $10,000. Inpatient mental health treatment and treatment for other illnesses are not subject to the caps.
After being informed that he had reached the lifetime cap on outpatient mental health benefits, Marshall filed a grievance against KSC on the ground that the cap violated RSA chapter 417-E (1998) and the prohibition on disability-based discrimination in the parties’ CBA. The CBA provides that neither the college nor the association will discriminate against a faculty member on the basis of disability. It also provides that the college and the association will comply with applicable provisions of the Americans with Disabilities Act of 1992 (ADA). See 42 U.S.C.A.