Worker Gets Benefits Despite Bankruptcy Omission: 6th Circ.

Law360, New York (February 3, 2014, 3:43 PM EST) -- The Sixth Circuit on Monday sided with a former Lucent Technologies Inc. software engineer in a long-running disability benefits dispute, finding that he was disabled and that the inadvertent omission of the claim from bankruptcy filings did not sink his case.

In a published opinion, a three judge panel reversed an Ohio federal judge's ruling denying former Lucent employee Nilratan Javery's  claim for disability benefits under the Employee Retirement Income Security Act against Lucent Technologies Inc. Long Term Disability Plan for Management. The panel concluded that...
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