IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
Case No. 98-6939 CIV-MIDDLEBROOKS Magistrate Judge Brown
DELTA FAMILY-CARE DISABILITY AND SURVIVORSHIP PLAN, a foreign corporation.
This case ensued to reinstate disability benefits to the Plaintiff that were
wrongfully terminated by the Defendant under a group benefit plan governed by the
Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (ERISA). In 1994,
the Plaintiff was permanently injured in an automobile accident that left her unable to
work. As a result of her inability to work, the Plaintiff applied for disability benefits
under the group plan. The Defendant determined that the Plaintiff was eligible under the
terms of the plan and paid her benefits for more than a year.
The Defendant terminated Plaintiff’s benefits when it received information it
erroneously interpreted as determining that Plaintiff was no longer disabled. The
Defendant received additional information proving that Plaintiff continued to be totally
disabled and entitled to benefits. Ignoring its ERISA imposed duties to the Plaintiff, the