“The reasons for denial shifted as they were refuted, were largely unsupported by the medical file, and only the denial stayed constant…” – 9th Circuit Court Appeals Panel statement
According to a March 8 report by the Courthouse News Service – “Man With Controversial Illness Can Get Benefits,” by Tim Hull:
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“Honda must award long-term disability payments to a 47-year-old man suffering from extreme Chronic Fatigue Syndrome, the 9th Circuit ruled, finding that the insurance company's denial of those benefits was "implausible" and "illogical.” The federal appeals court in Pasadena reversed a District Court ruling that said Honda's ERISA plan administrator was right in denying benefits to Samuel Salomaa.”
In particular, Hull notes, the director of the UMDNJ Pain and Fatigue Study Center (presumably Dr. Benjamin H Natelson, MD) had examined Mr. Salomaa and had described the man's ME/CFS as “one of the worst cases” the Center had ever seen.
To read the full article, go to http://www.courthousenews.com/2011/03/08/34742.htm