Mealey's Labor & Employment - 11th Circuit: Plan's Benefits Denial For Asthma Symptoms Was Not Arbitrary

Mealey's Labor & Employment - 11th Circuit: Plan's Benefits Denial For Asthma Symptoms Was Not Arbitrary

ATLANTA - A federal district court did not err in upholding a disability plan's denial of benefits to a participant who sought benefits based on her asthma symptoms under the Employee Retirement Income Security Act because the participant failed to demonstrate that she was unable to work in her occupation for other employers and because the participant did not seek medical treatment for five months, the 11th Circuit U.S. Court of Appeals affirmed Feb. 28 in an unpublished opinion (Tazenna Kennedy v. United of Omaha Life Insurance Company, No. 12-15057, 11th Cir.; 2014 U.S. App. LEXIS 3811).

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