99 Workers’ Compensation The Plan is not in place of, and does not affect any requirement for coverage by workers’ compensation insurance. Benefits are not paid under this Plan for diseases for which benefits are payable under any workers’ compensation law or for accidental bodily injuries which arise out of or in the course of em ployment. Action of the Trustees The Trustees have full discretion and authority over the standard of proof requir ed for any inquiry, claim, or appeal and over the application and interpretation of the Plan. No legal proceeding may be filed in any court or before any administrative agency against the Trustees, the Fund, or the Plan unless all review procedures have be en exhausted. No legal action may be commenced or maintained more than three years after all remedies have been exhausted. Any action concerning a claim for benefits must be brought in the federal district cour t for the District of Columbia. Exclusive Rights No individual shall have any right to any benefits except as specified in this SPD . The National IAM Benefit Trust Fund will not be bound by any oral representations that are inconsistent with the contents of this SPD , and you should not rely on any oral representations that are inconsistent with the terms of this Plan. None of the benefits provided un der this Plan are vested. No Fund Liability The use of services of any Hospital, physician or other provider of health care, whether designated by the Plan or otherwise, is your voluntary act. Nothing in this SPD is meant to be a recommendation or instruction to use any provider. You should select a provider or course of treatment based on all appropriate factors, only one of which is coverage by the Pla n. Providers are independent contractors, not employees of the Fund. The Trustees make no representation regarding the quality of service or treatment of any provider and are not responsible for any acts of commission or omission of any provider in connect ion with Plan coverage. The provider is solely responsible for the services and treatments rendered. The Fund, the Board of Trustees, or any of their designees are not engaged in the practice of medicine, nor do any of them have any control over any diagno sis, treatment, care or lack thereof, or over any health care services provided or delivered to anyone by any health care provider. Neither the Fund, the Board of Trustees, nor any of their designees, have any liability whatsoever for any loss or injury ca used to anyone by any health care provider by reason of negligence, by failure to provide c are or treatment, or otherwise. Right to Amend The Board of Trustees has complete discretion to amend or modify this Plan or the Trust Agreement or any of the provis ions of this Plan or the Trust Agreement in whole or in part at any time. This means that the Trustees can reduce, eliminate, or modify benefits, as well as improve benefits. The Trustees may also modify the length of or eliminate coverage for Employees, d ependents, and/or Retirees, and the Trustees may also modify any eligibility requirements for coverage. The benefits under the Plan are not guaranteed and are provided only from assets of the Benefit Trust Fund collected and available for such purposes. Er roneous Benefit Payments Every effort will be made to ensure accuracy in the payment of your benefits. If an error is discovered, however, and it is determined that the Fund has paid any benefits that you are not entitled to, the Trustees have the right to seek repayment from you, including the right to reduce future benefit payments by the a mount of the erroneous payment.