Friday, May 23rd, 2008

9th Cir: Calculating an LTD Disability Payment

When a Long Term Disability Plan uses the insured’s “basic monthly earnings” to calculate the payment and defines that phrase as “the insured’s monthly rate of earnings,” the number of hours the employee actually worked per month is irrelevant, according to the 9th Circuit:
The starting point of the LTD benefits calculation is the insured’s “basic monthly […]

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Filed under ERISA

Friday, May 23rd, 2008

9th Cir: Reference Checks for Pilots

The 9th Circuit has held that a private air carrier did not violate the federal Pilot Records Improvement Act of 1996, 49 USC § 44703, when it disclosed an ex-employee’s records to another private carrer, after the employee signed a release of liability.  The panel held that false information supplied to a private carrier does not fall […]

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Filed under Uncategorized, Personnel file, References