How important is it to produce an accurate, identical administrative record?

Pretty important. Producing an inconsistent administrative record may result in a court ordering discovery outside the administrative record.

Here’s the case of Pediatric Special Care, Inc. v. United Medical Resources and Darnden Restaurants, 2011 WL 133038 (E.D. Mich. January 14, 2011)(Producing different versions of the administrative record resulted in discovery of evidence outside of the record).

FACTS: Plaintiff (seeking ERISA benefits) sought discovery outside the administrative record because of alleged procedural due process violations and because Defendant produced “serial versions of the administrative record without being able to tell whether the complete administrative record had been assembled, or what the plan administrator considered in denying the claim.”

HELD: Order GRANTING Limited Discovery

RATIONALE/KEY QUOTE:

“[G]iven the different versions of the administrative record that were produced, it is impossible to determine what comprises a complete record on which the defendants relied when denying the plaintiff’s claim. The Court concludes that this claim justifies discovery beyond the administrative record.”

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Mike Reilly Mike Reilly

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment…

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment advice, and has represented clients in more than 75 jury trials, arbitrations, bench trials and claims before the EEOC and Washington State Human Rights Commission.

Small and large employers retain Mike for his strategic advice and decades of experience in employment issues and litigation, business decisions and litigation avoidance. Mike provides advice in claims involving discrimination, retaliation, wrongful discharge, disability accommodation, ERISA and non-ERISA employee benefit claims, and wage/hour claims. He served as lead counsel in an employee raiding/trade secret case as reported in the Wall Street Journal, and defends employers in class action claims.

Mike’s remarks on employment issues have been quoted in NewsweekCorporate Legal TimesSeattle TimesEmployee Relations Law JournalPuget Sound Business JournalCFO.com, and other professional journals and management publications. Chambers USA’s Guide to America’s Leading Lawyers for Businessrates Mike in the top ranking (band one) for his work in labor and employment law, and has described him as “one of Seattle’s top-rate attorneys” who is “truly phenomenal [with] superb legal instincts” and “an amazingly assertive litigator.” His clients include Nordstrom, Seattle Seahawks, Home Depot, KeyBank, Starbucks, Fred Hutchinson Cancer Research Center, Red Robin and Seattle Chamber of Commerce, among others.