Fiduciary Responsibilities Relating to ERISA Disability Plans

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Congress enacted the ERISA statute expressly to protect employee benefits. Unlike wages, which employees receive directly, employee benefits are established and maintained by other entities, which maintain funds from which to provide benefits to employees in forms other than direct compensation. The entities in question may be tempted to act in ways that benefit themselves rather than the employees who … Read More

LTD Plans Not Subject to ERISA

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LTD Plans Not Subject to ERISA.  The ERISA statute excepts five types of plans from coverage under the statute in the “Coverage” section found at 29 U.S.C. § 1003(b): (1) government plans; (2) church plans; (3) plans maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws; (4) plans maintained outside … Read More

Workers’ Compensation Basics

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What Is Workers’ Compensation? Workers’ compensation — often called workman’s comp — is a legal system run through a state agency, the Department of Industrial Accidents, that provides compensation for employees injured on the job. It is a mandatory, no-fault insurance system, which means that an employee does not need to establish the exact cause of a work-place injury to … Read More

Workers’ Compensation and Personal Injury

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Workers’ compensation and personal injury are quite different areas of law. In a personal injury case, a person brings seeks a payment of money – known as a damages award – from the party whose failure to act with due care caused his or her injury. Damages can include payments for wages lost from the time of the injury to … Read More

Social Security Disability Basics

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Here are the Social Security Disability basics: Generally speaking, Social Security is a fair system designed to fulfill an extremely important purpose: the payment of benefits to people who become disabled and can no longer support themselves by working. To qualify for benefits, a person must show that, due to injury or illness, he is unable to perform any job … Read More

Irrational Predispositions in a Workers’ Compensation Claim

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Reprinted by permission of the American Bar Association. Committee News, Workers’ Compensation and Employers’ Liability Law Committee, Winter 2007. IRRATIONAL PREDISPOSITIONS (The Fate of a Young Worker’s Claim under §51 of the Massachusetts Workers’ Compensation Act) By Terry A. Low We all know that most judges don’t want to hear cases. It’s a lot of work, mistakes can be made, … Read More

Private Disability Insurance Policies

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It has become more common for high-wage earners to purchase their own private disability insurance policies directly from insurance companies. Doctors and other professionals make this investment as a way of protecting their ability to perform their highly specialized, lucrative occupations. Some corporations also purchase private disability insurance coverage for high-level executives. Private disability insurance differs from employer sponsored ERISA … Read More

Disability Plans Not Subject to ERISA

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Disability Plans Not Subject to ERISA. The ERISA statute excepts five types of plans from coverage under the statute in the “Coverage” section found at 29 U.S.C. § 1003(b): (1) government plans; (2) church plans; (3) plans maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws; (4) plans maintained outside … Read More

Group Disability Plans Not Subject to ERISA

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The ERISA statute provides an exemption for certain categories of employers, including church plans and government plans. Employers that are exempt from ERISA generally provide disability plans through insurers in the same way that nonexempt employers do. As a result, the plans offered by exempt employers are typically identical to ERISA governed plans and are administered in the same way. … Read More

Pre-existing Conditions in ERISA Disability Plans

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Preexisting condition exclusion provisions in group short and long term disability plans are quite different from preexisting conditions as we typically understand them. Those with potentially disabling conditions may still be able to secure their income through disability insurance, depending on the preexisting condition exclusion contained in the plan. Here is a typical preexisting condition exclusion as it appears in … Read More