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ARTICLE · 25 APRIL 2013

Select Circuit Court Decisions

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A number of discussions relating to select Circuit Court Decisions.

United StatesEmployment and HR

Sixth Circuit - Initial Application Of The Wrong Disability Definition Was Properly Corrected Upon Consideration During The Administrative Appeal

Judge v. Metropolitan. Life Ins. Co., __ F.3d __ (6th Cir. 2013)

The plan participant, Thomas Judge, was covered by his employer's term life insurance policy which provided for early payment of benefits if an employee became totally and permanently disabled, which was defined by the plan as being unable to do the employee's own job, and any other job for which the employee is fit by education, training or experience. After Judge underwent heart surgery, he applied for benefits under the policy, claiming he was not able to return to any type of work. His treating providers recommended lifting and certain other restrictions, but indicated that he was recovering well with no evidence of complications. Yet, Judge's doctors advised against returning to work.

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