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NFL Disability Plan Made ‘Glaring’ Error On Claim, Judge Says

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > NFL Disability Plan Made ‘Glaring’ Error On Claim, Judge Says

NFL Disability Plan Made ‘Glaring’ Error On Claim, Judge Says

Law360 (September 15, 2020, 8:11 PM EDT) — A California federal judge on Tuesday ordered the NFL’s retirement plan to reconsider a ruling that denied a former player total and permanent disability benefits, saying the plan’s board abused its discretion by not engaging in a meaningful dialogue with the retired athlete.

U.S. Magistrate Judge Jacqueline Scott Corley remanded Charles Dimry’s claim to the board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan, granting judgment on the administrative record to the 12-year NFL veteran.

“The board’s glaring procedural error of conducting its review of Mr. Dimry’s appeal in secret and then, after denying his appeal, refusing even then to…

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