Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan

District court should review ERISA plan administrator’s eligibility determination de novo since a California statute, which is not preempted by ERISA, bans clauses granting an insurer discretion to determine eligibility for policy benefits.  A court reviews an ERISA plan administrator’s decision to deny benefits de novo unless the plan gives the administrator discretion to determine…

Estate of Barton v. ADT Security Servs. Pension Plan

Though the employee generally bears the burden of proving his eligibility for benefits under an ERISA plan, the plan or employer when proof is, or should be, in the employer’s records.  When a plan beneficiary has equal or better access to the required information, he bears the burden of proof in showing he is eligible…