Archive for September, 2009
How accurate are doctors, nurses and medical students at predicting life expectancy?
CONCLUSION: Doctors, nurses and medical students were inconsistent, inaccurate and imprecise in their prediction of LE with a tendency toward underestimation. This may lead to patients being managed inappropriately. There is a need for improved training and objective outcome prediction models.
PMID: 19782929 [PubMed - in process] (Source: European Journal of Internal Medicine)
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How accurate are doctors, nurses and medical students at predicting life expectancy?
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Apparent Bad Faith Claims Meet Requirements Of Federal Jurisdiction, Judge Rules
COLUMBUS, Ohio – The potential recovery associated with an apparent bad faith claim against an insurer is sufficient to establish federal jurisdiction, an Ohio federal judge ruled Aug. 5, denying a plaintiff’s motion to remand her complaint to state court (Estate of William A. Millhon, et al. v. Unum Life Insurance Co., No. 2:08-cv-652, S.D. Ohio, Eastern Div.; 2009 U.S. Dist. LEXIS 68299).
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7th Circuit: Disability Plan Administrator Owes No Fiduciary Duty To Plan Sponsor
CHICAGO – A disability plan administrator was not a fiduciary with respect to the plan sponsor under the Employee Retirement Income Security Act, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 18 (Sharp Electronics Corporation v. Metropolitan Life Insurance Company, No. 08-2959, 7th Cir.; 2009 U.S. App. LEXIS 18385).
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Coverage Terminated Because Of Ethical Violation, 6th Circuit Rules
CINCINNATI – A disability insurer that terminated coverage to a claimant whose medical license was suspended acted reasonably, the Sixth Circuit U.S. Court of Appeals ruled Sept. 3 in an unpublished opinion (Niranjan Lal v. United States Life Insurance Co., No. 07-2009, 6th Cir.; 2009 U.S. App. LEXIS 19984).
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Policy’s 3-Year Limitations Period Is Enforceable, 6th Circuit Says
CINCINNATI – A three-year contractual limitations period in four separate disability policies is valid and enforceable, the Sixth Circuit U.S. Court of Appeals ruled Sept. 2 in an unpublished opinion (Harmond H. Schaefer v. AXA Equitable Life Insurance Co., dba Equitable and Disability Management Services Inc., No. 08-2198, 6th Cir.; 2009 U.S. App. LEXIS 19987).
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COLUMBUS, Ohio – A request for reconsideration of a benefits decision counts as an appeal and meets the requirement for an exhaustion of benefits, a federal magistrate judge in Ohio ruled Sept. 17 (Lawrence D. Brogan v. The Hartford Life Insurance Co., No. 2:08-cv-765, S.D. Ohio; 2009 U.S. Dist. LEXIS 85101).
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6th Circuit Finds Termination Was Supported By Record
CINCINNATI – Statements from a claimant’s treating physicians that he could return to work supports an insurer’s decision to terminate long-term disability benefits to a claimant suffering from chronic pain syndrome, the Sixth Circuit U.S. Court of Appeals ruled Sept. 21 (George Likas v. Life Insurance Company of North America, No. 07-6514, 6th Cir.; 2009 U.S. App. LEXIS 20917).
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Record Reviews Support Benefit Denial, Maryland Federal Judge Says
BALTIMORE – An ERISA-governed disability insurer that denied benefits to a claimant with back pain did not abuse its discretion, a federal judge in Maryland ruled Sept. 14, saying there is sufficient evidence in the record to support the carrier’s benefit denial (Marlene Krajewski v. Metropolitan Life Insurance Co., No. 08-2406, D. Md.; 2009 U.S. Dist. LEXIS 83741).
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Record Reviews Support Benefit Denial, Maryland Federal Judge Says
BALTIMORE – An ERISA-governed disability insurer that denied benefits to a claimant with back pain did not abuse its discretion, a federal judge in Maryland ruled Sept. 14, saying there is sufficient evidence in the record to support the carrier’s benefit denial (Marlene Krajewski v. Metropolitan Life Insurance Co., No. 08-2406, D. Md.; 2009 U.S. Dist. LEXIS 83741).
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