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8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion

Posted in ERISA

We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”?  Must you use the claimant’s actual duties, or can you rely upon the Department of Labor’s generic definitions contained in the Dictionary of Occupational Titles? … Continue Reading