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Employment – ERISA – Disability Claim – De Novo Standard (access required)

By Deborah Elkins
Published: June 23, 2008

A Wendy’s manager gets another chance to win long-term disability benefits because the district court erred in applying an abuse-of-discretion standard instead of the more claimant-friendly de novo review standard, the 4th Circuit holds. We conclude the plan before us does not clearly vest discretionary authority in its administrator and the district court erred in engaging ...
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