Author: Mark Debofsky

Offset ruling beneficial to claimants

Group disability benefits are typically offset by both Social Security disability benefits and by awards of workers’ compensation. In Alloway v. ReliaStar Life Ins.Co., 2008 U.S.Dist.LEXIS 34853 (C.D.Cal. April 28, 2008), the district court took a fresh look at workers’ compensation offsets, and the result proved beneficial to claimants. Alloway was a class action consisting […]

The year in employee benefits

Employee benefits issues have occupied the courts recently and will continue to do so. Court decisions have reflected the most prevalent current economic issues, and also have addressed issues that will be decisive in the upcoming national election. For example, the debate over national health care has resulted in conflicting decisions relating to local initiatives […]

Court finds conflict in insurer, reviewer relationship

In Caplan v. CNA Financial Corp., 2008 U.S.Dist.LEXIS 28290 (N.D.Cal. April 4), David Caplan, who worked for CNA Financial supervising workers’ compensation claims, suffered a neck injury, which caused severe pain, and spasms that significantly interfered with his ability to work at a computer, his primary job function. Initially, Caplan tried to deal with his […]