A 3-judge panel at the 4th U.S. Circuit Court of Appeals decided unanimously to ask a lower court to review a case filed by a group long-term disability (LTD) insurance claimant from scratch.
The panel, in Richmond, Va., found that a U.S. District Court judge in Greensboro, N.C., erred when he threw out the suit.
The judge in Greensboro agreed with Prudential that Prudential had not abused its discretion. The judge decided the case in favor of Prudential and the employer.
The 4th Circuit panel found that the language in Cosey's plan was too ambiguous to give the plan administrator discretion.