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Panel Majority Says District Court Failed To Consider Effect Of Medications

Mealey's (August 30, 2016, 1:16 PM EDT) -- SAN FRANCISCO — A district court erred in entering judgment in favor of a disability plan and a disability insurer because it failed to consider how medications taken by the disability claimant would affect his ability to function in a workplace under the “any occupation” test, the majority of a Ninth Circuit U.S. Court of Appeals panel said Aug. 26 (Daniel G. Demer v. IBM Corporation LTD Plan, et al., No. 13-17196, 9th Cir.; 2016 U.S. App. LEXIS 15788).

(Opinion available. Document #17-160912-009Z.)

Daniel G. Demer...
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