United States Second Circuit

ERISA disability policy that reduces benefits to the extent beneficiary received worker's compensation does not entitle beneficiary to additional compensation even if he repaid worker's compensation benefits from his personal injury settlement.

Appellate Information

• Argued 06/07/2001
• Decided 11/19/2001
• Published 11/19/2001

Judges

• COTE, District Judge:, Before: McLAUGHLIN and CABRANES, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Evan S. Schwartz, of counsel, Quadrino & Schwartz, P.C., Garden City, NY (Eve-Lynn Gisonni, of counsel, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Kevin G. Horbatiuk, Russo, Keane & Toner, LLP, New York, NY, for Defendant-Appellee.