United States Tenth Circuit

Whether a claims administrator must consider vocational or occupational evidence in reaching its determination to deny a claimant "any occupation" benefits depends on the circumstances of the particular case and the terms of the benefits plan; if a claims administrator can garner substantial evidence to demonstrate that a claimant is able to perform other occupations (as defined by the insurer), then consideration of vocational expert evidence is unnecessary.

Appellate Information

• Decided 04/30/2002
• Published 04/30/2002

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR and PORFILIO, Circuit Judges, and STAGG, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Richard N. Bien (R. Kent Sellers, with him on the briefs), Lathrop & Gage L.C., Kansas City, MO, for Defendant-Appellant/Cross-Appellee., Michael W. Blanton, Blue Springs, MO, (William P. Ronan, III, Overland Park, KS, on the briefs), for Plaintiff-Appellee/Cross-Appellant.