Claimant Failed To Prove He Was Continuously Disabled, 3rd Circuit Panel Says
(May 19, 2016, 12:21 PM EDT) -- PHILADELPHIA — An insurer’s denial of benefits was not arbitrary or capricious because the claimant failed to prove that he was continuously disabled during a 180-day benefit waiting period, the Third Circuit U.S. Court of Appeals said May 10 (John Duda, et al. v. Standard Insurance Co., et al., No. 15-2302, 3rd Cir.; 2016 U.S. App. LEXIS 8602).
(Opinion available. Document #17-160613-002Z.)
Dr. John Duda and Dr. Donald Leatherwood II co-owned Northwest Orthopaedic Specialists LLC. Duda, an orthopedic surgeon, applied for total and partial disability benefits...