Can you ask for a second Independent Medical Exam (IME)? Under what circumstances?
What happens when a claimant refuses to attend a second IME?
Here’s a short and sweet unpublished opinion you should know about: Burke v. Pitney Bowes INC Long Term Disability Plan, 2010 Westlaw 3258596 (9th Cir. August 18, 2010) (pdf).
FACTS: Cara…
So… what happens when a typo, or an erroneous sentence in an ERISA plan, creates a billion dollar liability for the plan?
Think about getting out of the bind arguing “scrivener’s error” or equitable reformation under Section 502(a)(3). Conkright v. Frommert, 130 S.Ct. 1640, 1644 (2010)(“People make mistakes. Even administrators of ERISA plans.”).
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