Jim Plummer's blog

Allsup, Inc. v. Advantage2000

As some of you have been following on other blogs and websites the internet community has kicked up quite a fuss at Sony and its recent attempts to prevent music pirating. Here's the blog of the person who first discovered it. Very technical. Something not so technical and more current.

NMR (Network Medical Review's) relationship with Liberty Life Assurance Company of Boston

As most you know, NMR (Network Medical Review, Inc.) and its sister company/subsidiary perform a large number of "independent" medical reviews at the request of various insurance companies.

In Denmark, the Plaintiff's counsel, Jonathan M. Feigenbaum propounded discovery on Liberty Life to learn how much it pays to NMR each year and how may cases NMR reviewed at Liberty's request and how many NMR actually found were disabled.

Liberty provided this information under a protective order so neither side could disclose it.

Federal Disposal Rule - Labor Employment Law Blog

You need to make sure that your disability lawyer has a shredder or has contracted with a shredding service to dispose of your medical records when they are no longer needed. Often lawyers make extra copies of your medical records and do not use them in your case. This new statute requires that the attorneys have a "disposal policy."

Cancer Tops Most Frequent Causes of Long Term Disability Claims in 2004

According to UNUMProvident, the leading provider of disability insurance, the following are the five leading causes of long-term disability claims:

12 percent – Cancer
10 percent – Complications of pregnancy
10 percent – Joint/muscle/connective tissue diseases
9 percent – Back injuries
8 percent – Cardiovascular disease

Court awards $300,000 in COBRA penalties

Penalties for COBRA notice violations can be substantial.

A federal court in Nebraska recently imposed penalties of over $300,000 plus attorneys fees. Delcastillo v. Odyssey Resource Management Inc., 320 F. Supp. 2d 889 (D. Neb. 6/11/2004). Here, the court found that the participant and his family suffered particularly severe consequences as a result of the lack of health care coverage. 

Dr. Fantasia Finds Fibromyalgia Plaintiff Disabled

Whaley v CNF Transportation, Inc. Long Term Disability Plan, C. A. No. 03-363 (Southern District of Ohio (Order Granting Plaintiff's Motion For Judgment On The Administrative Record (June 14, 2005))

In Whaley, Judge Thomas M. Rose found that the Defendant claims administrator abused its discretion. Dr. Fantasia, Plaintiff's chiropractor, opined that Plaintiff was disabled. That was the extent of Dr. Fantasia’s role. However, Dr. Fantasia’s name alone rates a headline.

Letter to Help You Get Your Complete CIGNA or LINA file

I have a number of cases against Life Insurance Company of North America (LINA or CIGNA). As you know one of the first things you do when appealing a denied disability claim is request the entire file from the insurance company. LINA does not always send the entire file in response to such a request. To assist you in getting the complete file I have prepared a letter in which I identify the documents that I expect to find in a LINA file. I then tell LINA which of those documents I received and which documents I did not. I have published the sample letter "rat cheer".

Judge Kent Denied MetLife's Motion for Protective Order

In Jez v. Dow Chemical LTD Plan and MetLife, filed in Galveston, Texas, Judge Kent denied MetLife's Motion for protective order. I wanted to get information from Network Medical Review (NMR). NMR is an outfit of physicians that find disability claimants to be "not disabled." Thus NMR is used a lot by the insurance industry. I wanted to learn how often MetLife uses them.

Following Judge Kent's order I get to learn the following:

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