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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

SHARON WOLF,

Case No. 98-6939 CIV-MIDDLEBROOKS Magistrate Judge Brown

Plaintiff,

v.

DELTA FAMILY-CARE DISABILITY AND SURVIVORSHIP PLAN, a foreign corporation.

Defendant. __________________________________/

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

Defendant did not obtain all the medical records in knew to exist and refused to consider

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