ERISA Long Term Disability Case Citations and references

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Court Says Unum Ordered, Then Ignored, Functional Capacity Exam

A federal court in Wisconsin ruled that UNUM had abused its discretion in denying benefits to a bike frame finisher.

The claimant had injured his neck in a rollover car accident. UNUM arranged for a functional capacity evaluation and, when that evaluation showed that the claimant had severe pain when standing and could only last five minutes when standing UNUM ignored the report and denied the benefits.

The court overturned the denial because UNUM fail to explain why it gave greater weight to the opinion of the consultant than it did to the functional capacity evaluation it obtained. The case is Ballas v. UNUM Life Insurance Company and it was decided August 5, 2009