Per Diem Allowance Properly Excluded From Benefit Calculation, 5th Circuit Holds

Per Diem Allowance Properly Excluded From Benefit Calculation, 5th Circuit Holds

NEW ORLEANS - A disability insurer did not abuse its discretion under the Employee Retirement Income Security Act by determining that a traveling nurse's per diem allowance for meals and housing constituted a "fringe benefit" and, therefore, was excluded from her rate of pay when calculating her benefits due, the Fifth Circuit U.S. Court of Appeals affirmed March 11 in an unpublished opinion (Kathleen M. O'Brien v. Hartford Life & Accident Insurance Company, No. 12030641, 5th Cir.; 2013 U.S. App. LEXIS 4827).

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