FDPK attorney Tybe Brett, working with co-counsel Ben Glass of Ben Glass Law, scored another win in the Third Circuit Court of Appeals in Mullins v. Consol Energy Inc. Long Term Disability Plan, __ F. 4th ___ (March 22, 2024).
Coal miner Timothy Mullins was forced to stop working due to a number of debilitating physical problems. He applied for and was awarded long term disability benefits under a plan sponsored by his employer, Consol Energy Inc., administered by Lincoln Financial Group. However, after a series of denials, reconsiderations and reinstatements, Lincoln terminated Mr. Mullins’ benefits.
The Court of Appeals held that Lincoln’s termination of benefits was arbitrary and capricious because there was no substantial evidence that Mr. Mullins could perform “alternative suitable employment” as the Plan required. Significantly, the Court of Appeals ordered reinstatement of past due benefits, from the time the benefits were terminated to the present time, thus clarifying the law in the Third Circuit.as to the appropriate remedy.
Review the March 22, 2024 Opinion here: Mullins v. Consol Energy Inc. Long Term Disability Plan