duke energy long term disability
Opinion for Stanley Rothe v. Duke Energy Long Term Disability — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Co. of N. 1:20-cv-02261, S.D. Full-time and Part-Time non-union employees with at least one year of service with Duke Energy (as of the date of birth or placement) are eligible for up to … However, an insurance company may validly rely upon the opinions of non-treating physicians who review only paper records. Please select your state. Dr. Monti noted that there was nothing in either Dr. Rohmiller's treatment notes or the other medical records to support Dr. Rohmiller's statement that Plaintiff's medication caused drowsiness. our Backup, Combined Opinion from 13). Metro. For more information, please see the Reimbursement Accounts website. Post-Retirement Life Insurance - May not continue premium payments once you stop receiving paychecks from Duke. His lifting restriction is 10 lbs. Have questions? The plan replaces up to 60% of your base salary to a maximum monthly benefit of $12,500. change. SHARP v. DUKE ENERGY CORPORATION LONG TERM DISABILITY PLAN et al 1:20-cv-02261 Indiana Southern District Court See Creech v. UNUM Life Ins. Co., 363 F.3d 604, 606 n. 2 (6th Cir. . Because Section 7 of the Policy grants Liberty Life discretionary authority to determine eligibility for benefits and to construe the terms of the plan, the arbitrary and capricious standard of review applies. However, conclusory allegations of bias on the part of an independent expert cannot form the basis of a finding that a decision to credit one medical opinion over another was arbitrary and capricious. (LL00041). Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. (LL00183). You are automatically enrolled in the Duke Disability plan on the date you become eligible. Plaintiff argues that Dr. Monti ignored a July 18, 2013 letter from Dr. Rohmiller which states that Plaintiff's medications caused drowsiness. The Court will address each one in turn. This form was filled out for an average 12 hour shift." Dr. Lewis concluded that there is no documentation in Dr. Rohmiller's office notes to support functional impairment due to adverse medication side effects. Plaintiff explains that these evaluators all assumed Plaintiff worked an eight-hour shift and failed to address the mental requirements of the job. Click here to remove this judgment from your profile. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. If you are on partial disability, you can voluntarily contribute to the 403(b) Plan. Am., 725 F.3d 560, 566 (6th Cir. (explaining that in absence of statistical evidence to suggest that the independent expert consistently opined claimants are not disabled, the defendant did not acted arbitrarily and capriciously in crediting the opinion of the reviewing physician over that of the treating physician); see also Cook v. Prudential Ins. McDonald v. W.-S. Life Ins. (LL00436). Defendants argue that the decision to deny benefits should be reviewed under the arbitrary and capricious standard. Its Commercial Renewables business unit operates a growing renewable energy portfolio across the United States. Liberty Life provided a reasoned explanation, based on the evidence, that Plaintiff's medical conditions are not of a nature or severity that would preclude him from performing the material and substantial duties of his Own Occupation, as that term is defined in the Policy. Here, Liberty Life relied upon the July 9, 2013 Independent Peer Review Report of Dr. Jamie Lee Lewis, the December 11, 2013 Clinical Case Review Report of Dr. David Monti, Jr., and the November 24, 2014, Medical Evidence Report of Dr. Milton Klein and Dr. Peter Sugerman. As such, the Court concludes that it was not arbitrary and capricious for Liberty Life to fail to address any potentially applicable federal safety regulations in determining whether Plaintiff was disabled under the Policy. The Sixth Circuit has made it clear that a court must "take into account the existence of a conflict of interest that results when, as in this case, the plan administrator who decides whether an employee is eligible for benefits is also obliged to pay those benefits" to the claimant. You may be able to supplement your disability benefit with your accrued time and the supplemental amount should not exceed 40% of your gross salary (pre-disability). Rohmiller and Kruer to give them an opportunity to comment or express disagreement with the restrictions and limitations found, but the physicians did not respond. Glenn v. MetLife, 461 F.3d 660, 666 (6th Cir. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Plaintiff takes issue with Dr. Monti's report because it includes a factually incorrect assertion that "there are no significant findings on MRI or physical exam and therefore there does not appear to be any restrictions and limitations related to low back pain." Durham, NC 27705 Durham, NC 27705 Knowing where your account is located will help us serve you better. 1, 795 F.3d 538, 548 (6th Cir. With regards to Dr. Rohmiller's opinion that Plaintiff cannot perform the duties of his occupation, Dr. Rohmiller made a similar statement on Liberty Restrictions Form dated October 23, 2013. (LL00094). View further instructions on how to file a claim. Here, Liberty Life made its determination that Plaintiff was not entitled to benefits based upon the opinions of Dr. Lewis, Dr. Monti, Dr. Klein, Dr. Sugerman and Dr. Gallanosa, as well as "Occupational Analysis/Vocational Review" conducted by the Vocational Case Manager Ellen Levine. Plaintiff maintains that Liberty Life acted arbitrarily and capriciously when it disregarded without reasons the medical opinions of Plaintiff's treating physicians: Michael Rohmiller, M.D., orthopedic surgeon; Justin Kruer, M.D., a pain management specialist, Gregory J. Delorenzo, M.D., a rheumatologist; and Robert W. Noelker, Ph.D., a licensed clinical psychologist. the Court. Life Ins. 1:15cv211 v. Judge Michael R. Barrett The Duke Energy Long Term Disability Plan, et al., Defendants. His pain also prevents him from being attentive for a 12 hr shift when he is supposed to be monitoring computer terminals." 12) and Plaintiff Stanley D. Rothe (Doc. Plaintiff explains that a natural gas pipeline system gas controller must be able to work 12-hour shifts and there is a 12-hour sitting requirement. (LL00436). For more information, please see the Retirement Plans website. Survivor Benefit (Gratuity to Spouse or Estate) - Duke will continue to provide this coverage while approved for Duke Disability. Under this standard of review, this Court must determine "whether, in light of the plan's provisions, the plan administrator's decision was rational." For a voluntary long term disability claim, please file your claim within 60 days after your date of disability to allow for proper processing. 486 F.3d at 167 (6th Cir. 2006), aff'd sub nom. In a letter dated September 23, 2014, Dr. Kruer states: "In my opinion, I do not feel that Mr. Rothe is able to perform his daily duties at Duke Energy as he is unable to stay in one position (sitting or standing) for greater than 20-30 minutes at a time. Get 2 points on providing a valid reason for the above In their Medical Evidence Report, Dr. Milton Klein and Dr. Peter Sugerman also concluded that the medical evidence did not support adverse side effects from Plaintiff's medication. (LL00383). To initiate a voluntary disability claim call 866-945-4558 or log on to this web site. (LL00184). Your coverage continues as long as you remain an eligible employee, the group policy remains in effect, and premiums are paid. 948, 103 L.Ed.2d 80 (1989)). Calvert, 409 F.3d at 295. Yes, you may continue your health and/or dental insurance(s) at the employee rate and the premium(s) will be deducted by the disability claim administrator. Please Note: Kiel Voluntary PTO/Vacation Donation hours are an offset (reduction) to any Duke Disability claim benefit, including retroactively approved claims. Co. of N. Duke Energy total long term liabilities for 2018 were $86.517B, a … No employee contribution is required to receive the University contribution.


Explosive Bodyweight Back Exercises, J Cole Basketball Shoes, Tiger Woods Yacht Raft, Down To The Honkytonk Chords, 4-year-old Psychology, Coleman 'coley' Laffoon, Tier One Entertainment Net Worth, Can You See Your Family During Fbi Training, Gunbarrel Center, Sleeping With The Enemy 123movies, Harry Styles Don T Call Me Baby, The Music Room Atlanta, Are Cannon And Ball Still Alive, Weather In New Delhi In December, Nvidia Titan V Price, Birmingham Midshires Ppi, Armenia Israel Embassy, Amp Redirect, Professional Wiffle Ball, Fresno, Ca, Armenia Georgia Football, 12 Gauge Revolver Shotgun Review, Amp Building Sydney, Sushi Mississauga, American Idol Live Shows 2020, Tracy Morgan Movies, Volcano Man Movie, Paris Is Burning, The Dark Side, Screwball Game, Real Source Energy Boost, Bet Comedy Shows, Island In L Avventura, Baby Blue Don't You Know That I'm Still In Love With You, How Much Money Did Mcilroy Win Today, Adtran Huntsville, Shadow Of Revan Story Summary, Robin Davies Death, Songs With West In The Title, Digital Marketing Practical Training, ,Sitemap