Yesterday, a Court out of Missouri found that Life Insurance Company of North America (LINA) was arbitrary and capricious in denying the Plaintiff’s long term disability claim due to an unreasonable misinterpretation and selective review of the medical evidence. Specifically, LINA ignored important aspect of the Plaintiff’s Functional Capacity Evaluation that that reflected she was unable to do a sedentary job, which the court found “suspect”, and grossly misinterpreted neuropsychological testing to reveal only a mild cognitive decline that would not prevent the claimant from working. The Court also found that LINA engaged in selective review of the medical records citing only those that were favorable to its denial of benefits. While the Court denied LINA’s request to remand the claim back to LINA for further administrative review, it also refrained from issuing summary judgment due to remaining genuine issues of material fact. Thus is seems the case will go forward to an ERISA bench trial, which is typically a trial on the “administrative record”. The claimant suffered from osteoarthritis and fibromyalgia.Dearman v. Dial Corporation
