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Home / Opinion Digests / Employment Law / Plan Abused Discretion with ‘Own Occupation’ Denial (access required)

Plan Abused Discretion with ‘Own Occupation’ Denial (access required)

A plan administrator abused its discretion in denying claimant ERISA disability benefits under the plan’s “own occupation” standard, as it did not explain how claimant was expected to perform the 20 percent of her job duties that were not sedentary, under limitations recognized by the plan’s own physicians; however, claimant already has received her maximum ...

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