Court prevents review of doctor’s report
A decision by the U.S. District Court for the District of Connecticut prevents the review of a doctor’s report in a disability case.
No reason to deny jury trials for ERISA claims
The plaintiff in today’s case had been in a serious bicycle accident and suffered cognitive impairments as a result. Gammell v. Prudential Ins.Co. of America, 2007 U.S.Dist.LEXIS 36604 (D.Mass. May 17). On account of his injuries, Thomas Gammell received benefits through his employer’s group disability insurer, Prudential, from 1989 through 2002; however, benefits were terminated […]
Insurer can’t keep manual from claimant
In a short, but highly instructive ruling, U.S. District Judge Gerard Lynch ordered that CIGNA disclose its disability insurance claim manual without a protective order, overruling an objection that the insurer might suffer ”competitive injury” if such information was disclosed. Levy v. INA Life Insur.Co. of N.Y., 2006 U.S.Dist.LEXIS 83060 (S.D.N.Y. Nov. 14, 2006). Because […]
Remand didn’t help where Plan was at fault
The plaintiff, a loan originator, originally became disabled in 1993 due to an ankle injury. Although her ankle improved, she was also involved in a serious car accident, and her benefits were continued until 1996 when Hartford cut off the benefit payments even though she continued to suffer from pain, fatigue, problems with memory and […]
Court tackles ‘church plan,’ ‘self-reporting’ case
A decision by the U.S. District Court for the Western District of Wisconsin tackled a thorny issue in ERISA law concerning church plan self-reporting.
Court too Quick to Allow in Report
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.