Brereton v. Wisconsin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that insurer could properly use an investigator’s report and photographs in making the benefits determination
• holding that the plan administrator was entitled to rely upon the opinions of a nurse as well as non-examining physicians, over the opinions of the plaintiff's treating physicians, and that it could rely on surveillance evidence in reaching its decision
• explaining that it is unreasonable for an insurer “to require objective evidence to support a diagnosis of a condition that is not subject to verification through laboratory testing[,]” and identifying fibromyalgia as one such condition
• upholding ALJ’s credibility determination when he pointed out 17 numerous lab results that contradicted his subjective complaints
• finding evidence of conservative treatment sufficient to discount 23 claimant’s testimony regarding severity of impairment
• finding such authority delegated where the policy provided that “Liberty shall possess the authority, in its sole discretion, to construe the terms of this policy and determine benefit eligibility hereunder.”

Source: CourtListener parenthetical corpus (CC0).