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02/13/2013 12:51:41 PM EST

1st Circuit Will Not Rehear Ruling On Risk Of Relapse Into Addiction

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LexisNexis® Mealey's™ ERISA Legal News

BOSTON - The First Circuit U.S. Court of Appeals on Feb. 8 denied a disability plan's petition seeking panel rehearing and rehearing en banc of the court's ruling that the plan abused its discretion under the Employee Retirement Income Security Act by terminating benefits to a claimant who risked relapse of her opioid addition (Julie Colby v. Union Security Insurance Company & Management Company for Merrimack Anesthesia Associates Long Term Disability Plan, No. 11-2270, 1st Cir.).Full story on lexis.com