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Black And Decker Disability Case Summary

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I. PARTIES TO THE CASE: Kenneth L. NORD, Plaintiff-Appellant, v. the BLACK & DECKER DISABILITY PLAN, Defendant-Appellee.
II. FORUM: The district court ruled in favor of Black & Decker Corp. The 9th Circuit Court of Appeals reversed
III. STATUTE(S) INVOLVED IN THE CASE: The court is being asked to interpret if Black and Decker denial of his disability benefits violated ERISA. The court must determine whether the claimant is entitled to social security disability benefits.
IV. STATEMENT OF FACTS: Kenneth Nord is a former employee as a Material Planner for Kwikset Corporation, a subsidiary of the Black & Decker Corporation. The responsibilities that Nord had in his position include ordering goods, interacting with vendors, and maintaining inventory levels. For the most part, this position is sedentary, but it does require up to six hours of sitting and up to two hours of standing or walking per day. Throughout his employment, MR. Nord was enrolled in the Black & Decker Disability Plan, this plan grants complete discretion to the plan manager to make disabilities determinations. In addition, this plan also gives the plan manager the authority to distribute one or more responsibilities to a Claim Administrator. …show more content…
In March 1997, Mr.Nord consulted with Dr Hartman in regards to intermittent hip and low back pain, Dr Hartman determined that Mr. Nord had suffered from mild degenerative disc disease at the L4-L5 and L5-S1 vertebral levels. In July 1997, “Dr. Hartman diagnosed Nord as suffering from sciatica and disc disease at L4-L5 and placed him on medication. After a one-week trial with that treatment plan, Dr. Hartman concluded that Nord had experienced no improvement, and he took Nord out of work temporarily”. (FindLaw,

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