11 results for 'cat:"Insurance" AND cat:"Labor"'.
J. Novak grants the attorney's motion to determine whether the insurance company properly calculated the benefits owed to him, considering the court's recent determination that the insurance company abused its discretion in denying his long-term disability benefits for the second time. The insurance company has consistently dodged paying the attorney benefits that stem from his having serious heart surgery. The insurance company abused its discretion for a third time by determining that the attorney's earned-income social security benefits, as compared to social security benefits received due to his disability, could be offset against his long-term disability benefits.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: May 14, 2024, Case #: 1:22cv125, NOS: Fair Labor Standards Act - Labor, Categories: Erisa, insurance, labor
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: Employment, insurance, labor
J. Alston grants the physical therapist motion for summary judgment in this ERISA action. The physical therapist stopped working due to symptoms of arthralgia, back pain, neck pain from cervical herniated discs, fibromyalgia, chronic fatigue, Epstein Barre virus, IBS, and migraines. After several years of long-term disability, primarily for cognitive issues, the insurance company denied her 2022 request on the grounds that she had published books and began a blog during her time away from work. The therapist's doctor continued to vouch for her, saying she would be unable to do her job. The insurer wrongfully ignored that evidence and relied solely on outlier opinions to determine its denial.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: April 10, 2024, Case #: 1:23cv1, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, labor
J. Moon grants the employee's motion for summary judgment. The employee initially stopped working after an extreme case of hyperthyroidism before his doctor said he was fit to go back to work. The hyperthyroidism caused cognitive decline to the point that he cannot perform simple tasks, remember what he is saying midsentence, or count. He successfully argued that his insurance company wrongly denied him long-term disability benefits for his cognitive issues. The insurance company never gave the independent reviewers hired to determine his disability status crucial affidavits submitted by him, his wife, his mother-in-law, and friends attesting to instances where his impaired cognition manifested.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 19, 2024, Case #: 6:2cv6, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, labor
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: insurance, Contract, labor
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Per curiam, the appellate division finds that the unemployment insurance appeal board properly held that a retail worker was ineligible to receive benefits because he was unable to file a valid original claim. The worker did not have sufficient earnings within the required calendar quarters to qualify. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: CV-23-1158, Categories: insurance, labor
J. Mackey finds that the unemployment insurance appeal board properly held that four instructors and supervisors working with state prison inmates were ineligible for benefits because they were not totally unemployed. Although their 10-month academic year permitted summer hourly work for the prison system, they could not seek benefits when the Covid-19 pandemic curtailed that revenue stream in 2020 because they were employed on an annual basis. By agreement between the state and union, the decision is binding on other similarly situated prison workers. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: CV-22-2051, Categories: insurance, labor / Unions
Per curiam, the appellate division finds that the unemployment insurance appeal board properly held that a personal-care assistant was disqualified from receiving benefits because she voluntarily left her job without good cause. The woman's dissatisfaction with her longer hours after another assistant quit was not an accepted reason to leave. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: CV-23-0844, Categories: insurance, labor