United States Tenth Circuit
NANCE v. SUN LIFE ASSURANCE CO. OF CANADA, 01-6234
In a claim for long-term disability benefits under ERISA, where 1) back pain was not disabling before employment was terminated, 2) minimal evidence of depression existed, and 3) medical opinions regarding disability were both vague and issued many months after the fact, the decision to deny benefits was not arbitrary and capricious.
Appellate Information
- Decided 07/02/2002
- Published 07/02/2002
Judges
- HARTZ, Circuit Judge., Before SEYMOUR, McKAY, and HARTZ, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Glen Mullins, Oklahoma City, OK, for Plaintiff-Appellant.
- For Appellees:
- Arlen E. Fielden of Crowe & Dunlevy, Oklahoma City, OK, and Mark E. Schmidtke of Hoeppner Wagner & Evans LLP, Valparaiso, IN, for Defendant-Appellee.