Bertha Campos v. Reliance Standard Life Insurance Company et al
| Bertha Campos |
| Does, Reliance Standard Life Insurance Company and WHM LLC |
| 2:2015cv08304 |
| October 23, 2015 |
| U.S. District Court for the Central District of California |
| Gail J. Standish |
| Otis D. Wright |
| Labor: E.R.I.S.A. |
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| Document Text |
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Filing
57
JUDGMENT by Judge Otis D. Wright, II: Plaintiff is awarded LTD benefits for the Plaintiffs LTD claim is remanded to Reliance Standard for a determination of whether Plaintiff was totally disabled during the Any Occupation period, whether the LTD Pla ns 24-month pay limitation for musculoskeletal and connective tissue disorders applies to Plaintiffs injury, and to make other determinations as necessary that are not inconsistent with this decision, including but not limited to the amount of retroa ctive benefits due to Plaintiff under the Regular Occupation definition of Total Disability in light of provisions in the LTD Plan regarding offsets. Defendant WHM, LLC is dismissed from this lawsuit without prejudice. (MD JS-6, Case Terminated). (lc)
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Filing
53
FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Otis D. Wright, II: 1. Plaintiff worked a minimum of 30 hours during [her] regular work week as defined by the LTD Plan; 2. Reliance waived any argument that Plaintiff was not entitled to benef its because she did not meet the definition of Totally Disabled during the Regular Occupation period; 3. Remand to the Plan administrator is appropriate for a determination whether Plaintiff was totally disabled under the Any Occupation period, wheth er the 24-month pay limitation for musculoskeletal and connective tissue disorders applies to Plaintiffs injury, and to make other determinations as necessary that are not inconsistent with this decision; 4. WHM should be dismissed from this lawsuit without prejudice. The Court ORDERS the parties to submit a proposed judgment to the Court within 7 days of the date of this Order. (lc)
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