February 2013

Here’s a unique twist:

Does that workers’ compensation settlement agreement release the ERISA disability claim?  Probably not, unless the release explicitly mentions ERISA claims and the ERISA Plan.

Here’s the case of Duncan v. Hartford Life and Accident Insurance Company, 2013 WL 506465 (E.D. Cal. February 8, 2013)(workers’ compensation release did not eliminate ERISA