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United States Sixth Circuit


DARLAND v. FORTIS BENFITS INS. CO., 01-5387

The "treating physician" rule should apply in ERISA cases, and the district court should have deferred to the opinions of a long-term disability benefit claimant's treating physicians, absent substantial evidence in the record contradicting those opinions.

Appellate Information

  • Decided 01/22/2003
  • Published 01/22/2003

Judges

  • Before SILER, COLE, and CLAY, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Lee E. Sitlinger (argued and briefed), Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, KY, for Plaintiff-Appellant.

  • For Appellees:
  • Patrick W. Michael (briefed), Angela Logan Edwards (argued and briefed), Woodward, Hobson & Fulton, Louisville, KY, for Defendant-Appellee.
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