This week’s notable decision is Laborers’ Pension Fund v. Miscevic, No. 17-2022, __F.3d__, 2018 WL 578775 (7th Cir. Jan. 29, 2018). In this case, Zeljko Miscevic worked as a union laborer and earned a vested pension benefit from the Laborers’ Pension Fund (the “Fund”), to be paid upon his retirement as a monthly annuity for his life. Prior to his death, he was married to Anka Miscevic, and they had a 13-year old daughter together. It is undisputed that Anka killed Zeljko at their home, but she was found not guilty of first degree murder by reason of insanity. Anka claimed entitlement to a Surviving Spouse Pension. The child’s estate argued that Anka was barred from recovering from the Fund by the Illinois slayer statute. Continue Reading In Matter of First Impression, Seventh Circuit Rules that ERISA Does Not Preempt the Illinois Slayer Statute
Play or Pay – Claimants and Administrators Must See the Administrative Process Through
Follow me to Tennessee! This week’s notable decisions are far apart on the spectrum, yet more similar than you might think, and not just because they’re both out of Tennessee and involve Reliance Standard Life Insurance Company. Let’s start with the bad/bizarre (for Claimants): Jordan v. Reliance Standard Life Insurance Company, No. 1:16-CV-23, 2018 WL 543041 (E.D. Tenn. Jan. 24, 2018). Jordan filed a lawsuit seeking long-term disability benefits after Reliance Standard failed to make a timely decision on her appeal. Reliance Standard’s decision was due on December 18, 2015 (45 days following the appeal submission) but Jordan did not file suit until February 5, 2016 (more than 90 days following the appeal submission). In litigation, Reliance Standard argued that Jordan failed to exhaust her administrative remedies. Continue Reading Play or Pay – Claimants and Administrators Must See the Administrative Process Through
First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.
This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018). It’s jam packed with lots of goodies concerning consideration of chronic pain, surveillance, sanctions, prejudgment interest, and attorneys’ fees.
Plaintiff Gross worked as an optician and office manager until August 2006, when debilitating symptoms of chronic and severe pain caused by reflex sympathetic dystrophy (“RSD”) and fibromyalgia forced her into disability leave. Unfortunately, her case dragged on for many years, including two trips to the First Circuit Court of Appeals. On remand, the district court determined that Gross was entitled to benefits and attorneys’ fees. In the most recent appeal, Sun Life challenged the district court’s determination that the expanded administrative record supports Plaintiff’s claim of disability. Continue Reading First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.