Parkman v. Prudential Insur. Co. of America, 2006 U.S.App.LEXIS 5131 (8th Cir., March 1). The plaintiff, who worked at a ”medium” duty job for Armstrong World Industries, sought disability benefits after experiencing thumb and elbow problems, along with acute lumbar spasms.
Johnson, an accounting clerk for Wells Fargo, applied for disability benefits due to rheumatoid arthritis, which caused her significant pain, stiffness and diminished manual dexterity. She originally received intermittent short-term disability leave from 2000 through 2002 before applying for long-term disability due to the rheumatoid arthritis, along with fibromyalgia, which was also diagnosed. MetLife had […]
In a very significant ruling, the 6th U.S. Circuit Court of Appeals extended several recent precedents to reject an insurer’s reviewing doctor’s findings and uphold a judgment reinstating payment of disability benefits. Evans v. Unum Provident Corp., 2006 U.S.App.LEXIS 1359 (Jan. 20, 2006). The plaintiff, a nursing-home administrator, became disabled due to a seizure disorder […]
The plaintiff, a pharmaceutical sales representative, suffered from degenerative spinal disc disease, which progressively worsened to the point where he could no longer maintain employment.
A federal judge in Georgia recently answered the question of whether the penalties that are available under § 502(c)(1) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(c), up to $110 per day for failure to provide plan participants and beneficiaries with plan documents on request, applies to documents sought as part of an appeal made pursuant to section 503. Montgomery v. Metropolitan Life Insurance Co., 2005 U.S. Dist. LEXIS 34915 (N.D. Ga., Nov. 30).