Shane

ORDER OVERTURNING ADMINISTRATIVE DETERMINATION RE: ERISA BENEFITS

Plaintiff Stacey Shane has sued defendants Albertson’s Inc. Employees’ Disability Plan (the “Disability Plan”), Life Insurance Plan, Medical and Dental Plan, and Employees’ Benefit Pension Plan due to the termination of her long-term disability benefits (“LTD benefits”). The Disability Plan is a self-funded employee welfare benefit plan established by Albertson’s, Inc., Ms. Shane’s former employer. The contract administrator (the third-party administrator) of the Disability Plan is VP A, Inc.

Defendants move to uphold the termination of plaintiffs LTD benefits. Plaintiff moves to overturn defendants’ termination of those benefits. The parties raise a number of disputes central to determining whether the termination of plaintiffs benefits was wrongful: First, the parties dispute which version of the plan, the 1993 or the 2002 version, applies. Second, plaintiff argues that the appropriate standard of review is de novo because, among other things, the Medical Review Committee (the “MRC”)(the body which determined whether Ms. Shane was eligible for benefits) had no discretionary authority under the terms of the 1993…