United States Fourth Circuit

In an action for ERISA disability benefits, summary judgment for Defendant is affirmed, where Defendant was entitled under its benefits plan to offset Plaintiff's disability benefits by the worker's compensation payments Plaintiff had received.

Appellate Information

• Argued 12/03/2008
• Decided 03/11/2009
• Published 03/11/2009

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and REBECCA BEACH SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Edward Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina, for Appellant.  Thomas Edward Vanderbloemen, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellee.   ON BRIEF:  Jennifer E. Johnsen, Nicole J. Buntin, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellee.