An insurance administrator acts arbitrarily and capriciously in violation of the Employment Insurance Retirement Security Act (ERISA)when he refuses to consider whether an employee’s risk of relapse into substance dependence swells to the level of a disability. An employer’s insurance company discontinued an employee’s disability benefits after she checked out of a rehabilitation facility where … Continue reading
Recently, in Seeger v. Cincinnati Bell Telephone Co.(CBT), the Sixth Circuit Court of Appeals held that CBT’s “honest belief” that Seeger had engaged in disability fraud shielded it from liability for retaliatory termination under the Family Medical Leave Act (FMLA). Seeger, a long time employee with CBT, developed a herniated disc in August 2007, and … Continue reading
