After she stopped working, Nichols applied for disability benefits from Reliance Standard, her employer’s group disability insurer. She ceased working in January 2016 alleging that she suffered from an auto-immune disorder, Reynaud’s disease, that could cause her to experience gangrene if she continued working in a cold environment. as a “Hazard Analysis Critical Control Point Coordinator,” a job that routinely exposed her to temperatures around 40 degrees. Nichols worked in a chicken processing plant operated by Peco Foods, Inc.
The Fifth Circuit had a different view, though. The lower court was so incensed by the insurer’s behavior, it cited over 100 examples of Reliance Standard’s arbitrary and capricious conduct in other litigation and found similar misconduct in its treatment of Nichols.
June 29, 2018)), the Court of Appeals reversed and awarded judgment to the insurance company.
Although the district court delivered a blistering indictment of Reliance Standard’s review of Juanita Nichols’s claim for disability benefits (2018 WL 3213618 (S.D. May 23, 2019), the court permitted a disability insurer to classify the work of an inspector in a poultry processing plant as that of a “sanitarian,” a quite different occupation. „Home Occupation‟ may also include such similar occupations as may be specified by CEO subject to such terms and conditions as may be prescribed.Most people assume that if they become unable to perform their usual work on account of sickness or injury, that they would qualify to receive benefits under their work-sponsored long-term disability insurance coverage. If motive power is used, the total electricity load should not exceed 0.75 KW. Home occupation means customary home occupation, excluding paying guests and part leased cases, other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labour, and for which there is no display to indicate from the exterior of the building that it is being utilized in whole or in part for any purpose other than a residential or dwelling use, and in connection with which no article or service is sold or exhibited for sale except that which is produced therein, which shall be non- hazardous and not affecting the safety of the inhabitants of the building and the neighbourhood and provided that no mechanical equipment is used except for what is customarily used for purely domestic or household purposes and / or employing licensable goods.
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