Court: reliance on ‘flawed’ review was abuse of discretion
December 3, 2008 by admin
Court: reliance on ‘flawed’ review was abuse of discretion
RICHMOND, Va. - A disability insurer and administrator that denied benefits to a claimant while relying on a “flawed” medical review abused its discretion, the Fourth Circuit U.S. Court of Appeals ruled Nov. 3 in an unpublished opinion, finding that the “flawed” review failed to take into account objective evidence showing a possible cause for the claimant’s back pain (Janet R. Gorski v. ITT Long Term Disability Plan for Salaried Employees; Metropolitan Life Insurance Co., No. 07-1063, 4th Cir.; 2008 U.S. App. LEXIS 22904). Full story on lexis.com (Source: LexisNexis® Mealey’s™ Disability Insurance Legal News)
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