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ARTICLE · 11 MAY 2011

Select Circuit Court Decisions

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The United States Supreme Court is expected to issue its decision before the end of the term in a case concerning the standard for measuring harm to ERISA plan participants and beneficiaries resulting from alleged inconsistencies between a summary plan description and the full plan document.

United StatesEmployment and HR

Third Circuit

Miller v. American Airlines, Inc., No. 10-1784, 2011 U.S. App. LEXIS 1462 (3rd Cir. Jan. 25, 2011).

The plaintiff, an airline pilot, suffered a psychotic episode while on duty and was later admitted to a hospital for treatment. As a result, the plaintiff's FAA medical certification, required for all commercial pilots, was revoked. Based on the diagnosis of a brief reactive psychosis and information supporting disability from his own occupation, the plan approved payment of LTD benefits. Four years later, because medical records indicated that the plaintiff was asymptomatic, although his diagnoses remained the same, the plan terminated the plaintiff's LTD benefits.

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