In the Matter of Paris v. Iron Workers Trust Fund, 2000 U.S. App. LEXIS 6883 (4^th Cir. Apr. 17, 2000) (unpublished)- In a per curiam opinion, this court declined to adopt the make-whole doctrine as a matter of federal common law under ERISA, and further declined, on the basis of pre-emption, to certify the question to the Maryland Court of Appeals.

Paris, a participant in the Iron Workers Fund (Fund) sustained serious injuries in a motorcycle accident and claimed medical benefits under the Fund.  The Fund advanced over $200,000 in benefits and entered a subrogation agreement with Wanda C. Paris as guardian for Shawn Paris.  Shawn's parents then settled their suit against the driver of the other vehicle for $100,000, the policy limits.  This was not enough to cover Shawn's damages.  The Parises then disputed the Fund's request for full reimbursement of the $100,000.

This court affirmed the district court's finding that the subrogation agreement was valid, and rejected Appellants' suggestion to follow Eleventh Circuit precedent holding that the make-whole doctrine is a default rule in ERISA cases limiting a plan's subrogation rights absent explicit preclusion of the doctrine by the plan.  See Cagle v. Bruner, 112 F.3d 1510, 1521 (11^th Cir. 1997).