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"Wal-Mart argued that the relationship did not meet two criteria under its associates' health and welfare plan," says an article on www.law.com. "The plan requires that non-custodial stepchildren must live with Wal-Mart employees at least nine months out of the year and that they must be claimed on their parents' federal tax returns as dependents to qualify for coverage."
The child in question, William Lamica, does not live with Wal-Mart employee Aime Vradenburg or her husband, William L. Vradenburg, Lamica's father. Nor is Lamica claimed as a dependent on Aime's federal taxes.
But according to Northern District of New York Judge Lawrence E. Kahn, Wal-Mart's lack of provisions "run[s] counter to New York Insurance Law §2608-a, which expressly prohibits the denial of coverage to a parent's child based on the fact the child was born out of wedlock, is not claimed as a dependent on federal tax returns, or does not reside with the parent," continues the article.
Kahn also "denied Wal-Mart's request for summary judgment and ordered the company to comply with a Qualified Medical Child Support Order issued by Essex County and provide coverage to William Lamica."
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