Workers Can Claim Disability While On Job: 2nd Circ.

Law360, New York (April 18, 2011, 5:27 PM EDT) -- The Second Circuit ruled Thursday that an employee's continued presence at work does not preclude her disability, reviving a New York office administrator's lawsuit against National Union Fire Insurance Co. of Pittsburgh, Pa., for denying her disability benefits.

The appeals panel’s decision vacated a district court’s judgment in favor of the insurer in a dispute with former ITT Flygt Corp. office administrator Patricia O’Hara, who sought disability benefits under the Employee Retirement Income Security Act after a fall in the workplace caused her to experience persistent...
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