Skip to main content
· 10/20/2003

McDonald v. Western-Southern Life Insurance

Citations

  • 347 F.3d 161

How courts have described this case

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

  • finding that reliance on the report of an independent physician was arbitrary and capricious where the reviewer “opined that [the claimant] could return to work, [but] he did not say what kind of work he could perform”
  • finding that reliance on the report of an independent physician was arbitrary and capricious where the reviewer “opined that [the claimant] could return to work, [but] he did not say what kind of work he could preform”
  • finding a denial of benefits to be arbitrary and capricious when premised on the report of an independent doctor whose initial opinion changed after “a telephone call from members of [the plan administrator]’s appeals committee”
  • finding a denial of benefits to be arbitrary and capricious when premised on the report of an independent doctor whose initial opinion changed after “a telephone call from members of [the plan administrator]’s appeals committee”
  • “The evidence presented in the administrative record did not support the denial of benefits when only [the adminis trator]’s physicians, who had not examined [the claimant], disagreed with the treating physicians.”
  • “The evidence presented in the administrative record did not support the denial of benefits when only [the administrator]’s physicians, who had not examined [the claimant], disagreed with the treating physicians.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gilman, Mills, Moore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.