9th Circuit: Denial Of Benefits Constitutes Abuse Of Discretion

SAN FRANCISCO - A health-benefits plan administrator that committed "serious procedural violations" in considering a beneficiary's appeal of the plan's denial of benefits, including failing to explain the rationale for the denial, abused its discretion under the Employee Retirement Income Security Act, the Ninth Circuit U.S. Court of Appeals ruled Jan. 17 in an unpublished opinion, reversing and directing an award of benefits to the beneficiary (Jennifer Lukas, et al. v. United Behavioral Health, et al., No. 11-16051, 9th Cir.; 2013 U.S. App. LEXIS 1230; See 5/4/11, Page 19).Full story on lexis.com