Independent Medical Exam

An Insurance Commissioner’s non-binding opinion banning discretionary language in an ERISA governed plan has no effect.

Here’s the case of Frazier v. Life Insurance Company of North America, __ F.3d __ (6th Cir. August 5, 2013) (Court  is “‘not bound by language in a non-binding opinion [banning discretionary language in a disability

“No one loves the messenger who brings bad news.Antigone (lines 276-77).

What happens when an ERISA claimant brings state law claims against independent medical consultants retained by the Plan to provide medical reviews eventually relied upon in claim denials?

Are these claims preempted by ERISA?

Good news: Sometimes yes.

Here’s the case of