Farrow

Defendant, Montgomery Ward Long Term Disability Plan (the Plan), appeals from a judgment determining that it acted arbitrarily and capriciously in denying disability benefits to plaintiff Hattie M. Farrow (Farrow) and ordering the Plan to pay such benefits to her. We conclude that the Plan’s denial of benefits was erroneous as it was not supported by substantial evidence and that a remand to the Plan administrators for further proceedings is required.

Many of the facts giving rise to this controversy are uncontroverted. On November 18, 1972, Farrow suffered a back injury while lifting a pot of soup onto the stove during the course of her employment in the kitchen of the San Leandro store of Montgomery Ward & Co., Inc. (Montgomery Ward). Her precise age at the time of the injury is not made clear in the record before us, but it appears that she was in her early 30’s. Farrow was initially treated conservatively for the injury and continued working, although experiencing pain. She underwent back surgery in 1973 (a laminectomy and a foraminotomy) and in 1974 (a spinal fusion). She last worked for Montgomery Ward in December 1974 and has not worked to any substantial degree…