Saturday, December 18, 2004

Workplace Disability Coverage Hit By Judge

Westlaw has an article by that title from the (Quincy, MA) Patriot-Ledger. I can't find it on the web, but it's available at 2004 WL 62252289. Here are the first couple of grafs:

A federal judge in Boston has suggested that disability coverage for millions of American workers may illegally discriminate against those with mental illness.

In the first ruling on the issue in this region, Chief U.S. District Judge William Young allowed a former Digital Equipment Co. worker to go forward with her complaint that Digital's disability insurance policy violated federal law by offering fewer benefits to workers with psychiatric problems than to those with physical illness.
Judge Young's typically thorough opinion, which can be found here, runs against the great weight of the case law. (Though, for what it's worth, I criticize that case law in my recent Future of Disability Law piece.)

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