On De Novo Review, Judge Adopts Report Finding Insurer Violated ERISA

Mealey's (April 7, 2022, 8:08 AM EDT) -- CINCINNATI — De novo review applies to objections to a magistrate judge’s report, and the record shows that an insurer failed to properly explain the basis for denying coverage for lumbar decompression and discectomy, lacked the entire medical record before making its decision, deviated from the plan in relying on a single standard for its decision and improperly ignored a second-level appeal in an Employee Retirement Income Security Act case, a federal judge in Ohio said March 23 in adopting the report....