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Employee Benefits Disability

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2024

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This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company....more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

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Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - November 2023

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This month’s Friday Five covers cases relating to petitions for attorneys’ fees, unpersuasive self-reported evidence of disability, and a dilatory attempt to augment the administrative record....more

Marshall Dennehey

To Qualify as Compensable Under the Heart-Lung Statute, the Claimant Must Show “Disability”

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Robert Friesen v. State of Florida Highway Patrol/Division of Risk Management, NO .1D21-1353 On appeal from Judge Massey, Decision date: Jun. 21, 2023 - The claimant, a law-enforcement officer, was hired in 2004 after...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2023

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This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2023

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This month’s Friday Five addresses two cases involving disability claims that touch on Covid-19, a Circuit Court ruling for an insurer, a district court ruling that a 20-year-old regulatory settlement precluded an insurer...more

Cranfill Sumner LLP

NC Court of Appeals Sets Standard for Extended Benefits in Sturdivant v. NC Department of Public Safety – What’s Next?

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In Sturdivant v. NC Department of Public Safety (No. COA22-421), the North Carolina Court of Appeals affirms Full Commission Opinion and Award denying extended benefits under N.C.G.S. 97-29 (c)...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - January 2023

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This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim...more

Hogan Lovells

Se elimina la obligación de las personas trabajadoras de entregar el parte de baja médica a su empleador

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A partir del próximo 1 de abril de 2023, las personas trabajadoras en situación de incapacidad temporal dentro de los primeros 365 días de duración no tendrán la obligación de entregar en su empresa el parte de baja médica...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clarifies Standard for Remanding ERISA Dispute to Plan Administrator

In Newsom v. Reliance Standard Life Ins. Co., the Fifth Circuit clarified when it is appropriate for a district court to remand an ERISA dispute to a plan administrator for development of a merits record. 26 F.4th 329 (5th...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - March 2022

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This month’s Friday Five explores recent decisions tackling a myriad of issues, including: (1) whether reclassification of a claimant’s health status constitutes an adverse benefit determination; (2) whether remand is the...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Akerman LLP - HR Defense

Family Medical Leave Compliance — A New Year’s Resolution You Should Keep

Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the...more

Hogan Lovells

Invalidität in der betrieblichen Altersversorgung

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Betriebliche Altersversorgung ist auch eine Absicherung gegen Invalidität. In zwei Urteilen vom 13. Juli 2021 hat das BAG den Versorgungsfall "Invalidität" konkretisiert. In diesem Sinn kann eine dauernde Erwerbsunfähigkeit...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - November 2021

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This month’s Friday Five highlights equitable claims under ERISA, the applicability of an arbitration provision that fails to allow for plan-wide remedies, and the ongoing discretion in interpretation and application of...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for...

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations...

In Calkin v. United States Life Ins. Co., 2021 U.S. Dist. LEXIS 82110 (S.D. TX., April 29, 2021), a Texas district court affirmed the insurer’s denial of LTD benefits, holding that while a claimant established diagnoses, he...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - September 2021

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This month’s Friday Five covers cases relating to: (1) whether a state statute prohibiting discretionary authority in disability benefit plans applies to non-state residents; (2) how a court may weigh multiple denials and...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of...

In Carlile v. Reliance Standard Life Ins. Co., 988 F.3d 1217 (10th Cir. 2021), the Tenth Circuit found the term "active" full-time employee ambiguous and awarded disability benefits to an employee who became disabled after...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – March 2021

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This month’s Friday Five discusses cases that address the meaning of “active, full-time employee,” whether remand is required where an improper standard of review was applied, the standard for capacity in reference to a...more

Bricker Graydon LLP

Big win for Ohio employers: PTSD benefits for first responders

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On January 9, 2021, Ohio Governor DeWine signed into law House Bill 308, which creates a fund for the payment of compensation and benefits for first responders who become disabled as a result of post-traumatic stress disorder...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – December 2020

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This month’s Friday Five covers recent cases addressing: (1) the validity of a judgment that includes retroactive “any occupation” benefits where no administrative determination on those benefits has been made; (2) the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Ninth Circuit Holds Attorneys' Fees Cannot be Recovered as "Other Equitable Relief" under...

In Castillo v. Metro. Life Ins. Co., 2020 U.S. App. LEXIS 25985 (9th Cir. Aug. 17, 2020), the Ninth Circuit held that attorneys' fees incurred during the administrative review process cannot be recovered as "other equitable...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Affirms $6.5 Million Bad Faith Verdict Against Disability Insurer

In McClure v. Country Life Ins. Co., 795 Fed. Appx. 548 (9th Cir. 2020), the Ninth Circuit affirmed a $6.5 million bad faith verdict against a disability insurer that included a $1.29 million award for emotional distress...more

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