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10th Circ. Sides With AT&T Worker On Disability Benefits

Law360 (August 13, 2018, 8:35 PM EDT) -- The Tenth Circuit on Monday affirmed an Oklahoma federal judge’s decision to reverse an AT&T benefit plan’s denial of short-term disability benefits to an employee, saying the plan acted arbitrarily and capriciously when denying the worker’s claim and upholding the judge’s award of 26 weeks of disability benefits.

The Tenth Circuit said the AT&T Umbrella Benefit Plan No. 1 didn’t adequately support its decision to deem Kevin McMillan fit to perform the cognitive requirements of his job despite his “extreme daytime fatigue, lack of concentration, poor memory, inability to multitask [and] difficulty with complex problem-solving,” which his doctor said in a...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 10th Circuit

Nature of Suit

3791 Employee Retirement

Date Filed

November 2, 2017

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