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Text of ERIC Amicus Brief in Support of Disability Plan in Supreme Court Case on 'Treating Physician' Rule (PDF)
The ERISA Industry Committee [ERIC]
Mar. 3, 2003
20 pages; The Black & Decker Disability Plan v. Nord, No. 02-469 (2003). Excerpt: Question Presented: Whether the Ninth Circuit erred in holding that an ERISA disability plan administrator's determination of disability is subject to the 'treating physician rule' and, therefore, the plan administrator is required to accept a treating physician's opinion of disability as controlling unless he rebuts that opinion based upon substantial evidence on the record.
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