Kimberly Ann Norman, a Union Pacific Railroad (“UNP”) employee, had a number of physical medical conditions, including irritable bowel syndrome, requiring short term and long term disability leave in the early 2000s. As with many LTD plans, the insurance...
Month: June 2010
Court of Appeals for Texas, Louisiana and Mississippi Finds The Hartford Abused Discretion in Denying Benefits to Disabled Attorney
In a decision this month from the United States Court of Appeals, Fifth Circuit, the Hartford was ordered to pay a disabled lawyer ("Brian") his benefits and attorney fees. In this dispute over long-term disability benefits, the Fifth Circuit, which rules on long-term...
What Constitutes Adequate Notice of the Need to Take FMLA Leave?
What Constitutes Adequate Notice of the Need to Take FMLA Leave?If employees do not give their employers adequate notice of their need for FMLA leave, they may deny themselves their benefits and rights under the FMLA. Therefore, it is important for employees to...
Two “failure to hire” Disability Discrimination Suits Resolved
On June 15, 2010, the EEOC reported that it reached an agreement with Starbucks to settle a suit for Starbucks' failure to hire Chuck Hannay, who suffers from multiple sclerosis. Among other terms of the agreement, Starbucks paid $80,000 to resolve the suit. Mr....
Social Security Hearings by Video Teleconferencing
As more and more claimants file for disability benefits, the local Offices of Disability Adjudication and Review (ODAR) are beginning to experience significant backlog and delay in scheduling hearings.In Milwaukee, the wait for a hearing has reached an average of 12...