4th Circle ERISA decision shows that plan discretion is not unlimited

By Mark DeBofsky (May 10, 2022, 1:55 p.m. EDT) — A recent decision by the United States Court of Appeals for the Fourth Circuit made it clear that the standard of deferential review of security law Employee retirement income is not an automatic stamp of claim determination made by employee benefit plans.

In Garner v. Central States, Southeast and Southwest Areas Health and Welfare Fund Active Plan,[1] On April 20, the Fourth Circuit upheld a ruling by the U.S. District Court for the Intermediate District of North Carolina, finding that a health benefits plan abused its discretion by denying Dorothy Garner’s claim for a back surgery.

In a review written by US Circuit Judge…

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