Scope of ERISA and occupation-specific disability

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky, Sherman & Casciari P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted December 4, 2018 3:34 PM

This is the first of a two-part column. The second part will be published on Thursday.A new ruling from the 3rd U.S. Circuit Court of Appeals raises a number of interesting issues regarding the limits of coverage under the Employee Retirement Income Security Act as well as how occupation-specific disability is analyzed.In Part 1 of this column, the ERISA issue will be discussed. Part 2 will focus on the disability insurance issue.The case of McCann v. Unum Provident, 2018 WL 5117113 (3d Cir., Oct. 5, 2018), began many …

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