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Employment Law
Disability Payment
Disability Insurance, ERISA

Kathy Sullivan v. Aetna Life Insurance Company, Apple Computer Inc. Long-Term Disability Plan

Published: Nov. 22, 2008 | Result Date: Mar. 26, 2008 | Filing Date: Jan. 1, 1900 |

Case number: C06-01994JF Bench Decision –  $192,628

Court

USDC Northern


Attorneys

Plaintiff

Charles B. Perkins


Defendant

Ronald K. Alberts
(Gordon & Rees LLP)


Facts

Plaintiff Kathy Sullivan worked for Apple Computer Inc. as a training specialist managing a staff of eight. She became disabled in 1992 due to fibromyalgia and chronic fatigue syndrome. Aetna insured Apple's Long-Term Disability Plan. The plaintiff's claim for long-term disability benefits was accepted and benefits were paid until Dec. 17, 2003. Aetna then denied benefits, contending that plaintiff's claimed total disability was not supported by medical evidence and that she could perform a number of other occupations. The plaintiff submitted an appeal, supported by additional medical evidence, which was denied by Aetna.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she met the plan's definition of disability because she was unable to work at any reasonable occupation due to restrictions and limitations caused by fibromyalgia and chronic fatigue syndrome.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiff retained the ability to return to work at a reasonable occupation.

Result

Following a bench trial, judgment was entered ordering plaintiff to be reinstated in the plan and that retroactive disability benefits owed since Aetna's Dec. 17, 2003 denial be paid, at a rate of $3,777 per month, plus interest.


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