083803P.pdf   11/17/2009  Barbara Brown  v.  J.B. Hunt Transport Services
   U.S. Court of Appeals Case No:  08-3803
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Riley, Author, with John R. Gibson and Murphy,
   Circuit Judges]
   Civil case - ERISA. The plan's failure to comply with its statutory duty
   to provide Brown with a reasonable opportunity for a full and fair review
   of the decision to terminate her long-term disability benefits excuses her
   failure to exhaust her administrative remedies before bringing suit; the
   appropriate remedy in the case is to remand the matter to the district
   court with instructions to remand to the plan for an out-of-time appeal;
   the district court correctly dismissed Brown's claim for penalties as
   neither the plan nor her employer can be held liable under 29 U.S.C. Sec.
   1132(c).