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Eighth Circuit: Restoration of Same Position Not Present If Job Duties Differ, Even Though Title and Salary Restored (PDF)

FindLaw's description of the case: 'Under the Family Medical Leave Act, restoration of pay, title and benefits does not necessarily constitute restoration to the same position if the job duties and essential functions of the newly assigned position are not materially different." [Cooper v. Olin Corp., No. 00-1465 (8th Cir. May 1, 2001)]

Eighth Circuit Upholds $11,550 Penalty for Failure to Supply SPD Even Though Request Not Specific (PDF)

11 pages. Excerpt: Brown"s attorney mailed two letters requesting this information on January 23, 2001 and February 7, 2001. Although these letters did not specifically ask for a 'summary plan description,' the district court found them to constitute a request for the SPD based on their language requesting information about 'all benefits." [Brown v. Aventis Pharmaceuticals, Inc., No. 02-4063/03-2084 (8th Cir. Sep. 9, 2003)]

Eighth Circuit Upholds LTD Benefits Denial Even Though Claimant Qualified for Social Security Disability (PDF)

12 pages; Coker v. Metropolitan Life Insurance Company, No. 01-2772 (8th Cir. Feb. 28, 2002). Excerpt: The determination that Coker suffers from a pain-based disability under Social Security regulations does not require MetLife to reach the same conclusion.... [S]ee also Ciulla v. USAble Life ... ("ERISA plans are not bound by Social Security determinations, and this court owes no deference to findings made under the Social Security Act.").

Eighth Circuit: Abuse of Discretion Standard Was Proper in Life Insurance Case Against Insurer (PDF)

19 pages; particularly unusual facts, involving simultaneous potential murder and suicide exclusions. Excerpt: [Plaintiff] must show that UNUM's potential conflict and failure to meet claim deadlines amounted to serious breaches of fiduciary duty such that 'serious doubts' are raised as to whether the administrator's decision was arbitrary or the product of her whim. [Phillips-Foster v. UNUM Life Insurance Co. Nos. 01-3570/3648 (8th Cir. Sept. 4, 2002).]

Eighth Circuit: Domestic Relations Order Was QDRO Even Though Entered After Participant's Death (PDF)

Hogan V. Raytheon, Co., No. 01-2932/3709 (8th Cir. Sept. 12, 2002). 5 pages. Excerpt: Raytheon argues that the district court erred in finding that a domestic relations order can be qualified posthumously. We disagree.... Raytheon was put on notice that the Decree had issued and may be a QDRO, and the ... Order was filed during the eighteen-month period permitted under ERISA to secure a QDRO.... The fact that Mr. Hogan died prior to the entry of the March 9, 1998 Order is irrelevant.

Eighth Circuit: Disability Plan Administrator Not Required to Reverse Earlier Denial Despite Later SSA Determination (PDF)

5 pages. Excerpt: ERISA plan administrator"s decision terminating long term disability benefits, made after ample reflection and judgment, was supported by evidence at the time claimant applied for benefits, and administrator is not bound by later determination of social security eligibility. [FARFALLA v. MUTUAL OF OMAHA INS. CO., No. 02-2651 (8th Cir. Apr. 3, 2003)]

Eighth Circuit: Severance Benefits Unavailable to Certain Older Employees Not Illegal Under ADEA When Jobs Not Lost (PDF)

"Even if the buyouts can be characterized as benefits, we do not believe the denials caused appellants to suffer an adverse employment action [under the Age Discrimination in Employment Act]. Appellants concede that after the denials they continued to work at UP under the same terms and conditions, with no loss of salary or benefits." [Cooney v. Union Pacific Railroad Co., No. 00-3425 (8th Cir. Jul. 23, 2001)]

Eighth Circuit: Independent Medical Examiner's Report Justifies LTD Denial (PDF)

Smith v. UNUM Life Insurance Company, No. 02-1068 (8th Cir. Oct. 2, 2002). Excerpt: UNUM sought input from [plaintiff"s treating physician] and offered [plaintiff] the opportunity to respond to the medical opinions of [the independent medical examiner] and [UNUM"s reviewing physician]. UNUM weighed all the evidence presented.... Certainly, reasonable minds could also disagree with their conclusions. Under our precedent, UNUM did not abuse its discretion.

Eighth Circuit: Former Employee Entitled to COBRA Coverage by Sending in Check, Despite Having Declined Coverage (PDF)

10 pages. Excerpt: Under COBRA amendments to ERISA, plaintiff was entitled to continuation coverage as her mother made a proper payment to an ERISA fiduciary in accordance with the plan in effect at the time the payment was made. Once she did so, it was up to the responsible ERISA fiduciary to apply that payment so that coverage was maintained. [Fink v. DakotaCare, No. 02-1679 (8th Cir. Mar. 31, 2003)]

Eighth Cir.: Failure of Plan to Act on Claimant's Appeal of Disability Denial Produces De Novo Review (PDF)

Excerpt: We have previously held that a review panel's failure to act on an appeal does not raise the standard of review from abuse of discretion to de novo unless its failure raises serious doubts about the result reached by the plan administrator.... [But] the instant case differs from [that precedent because this claimant] submitted much more medical evidence in connection with his appeal ... than he attached to his initial application for disability retirement benefits[.] [Seman v. FMC Corp. Retirement Plan for Hourly Employees, No. 02-1883 (8th Cir. Jul. 1, 2003)]