Court: ERISA Insurer Can’t ‘Shut Its Eyes’ To Available Medical Evidence

Mealey's ( May 17, 2023, 9:11 AM EDT) -- DENVER — An Employee Retirement Income Security Act health plan administrator did not need to credit treating physicians’ opinions, but it also couldn’t simply “shut its eyes” and fail to engage with readily available medical evidence, the 10th Circuit U.S. Court of Appeals said in finding the insurer’s coverage denials arbitrary and capricious and affirming and award of benefits....

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