DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082523P.pdf 04/15/2009 Mary Midgett v. Washington Group Intl. Long
U.S. Court of Appeals Case No: 08-2523
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Smith, Author, with Murphy, Circuit Judge, and
Limbaugh, District Judge]
Civil case - ERISA. Under the applicable Department of Labor
regulations, plaintiff was not denied a full and fair review of her claim
for short-term disability benefits by the Plan's failure to provider her
the opportunity to review and rebut peer reviews conducted by three
physicians prior to its denial of her second-level appeal; district court
did not err in concluding Plan administrator's denial of her short-term
disability claim was not arbitrary and capricious, as the decision was
supported by substantial evidence; district court did not err in finding
plaintiff's claims for long-term disability benefits should be dismissed
for failure to exhaust administrative remedies.