Gloria Jean Williams v. UNUM Life Insurance Company of America
(January 2005)
Lauren A. Welch won a victory (January 2005) in favor of UNUM Life Insurance Company of America in the case entitled Gloria Jean Williams v. UNUM Life Insurance Company of America, in the U.S. District Court, Western District of Louisiana.
The long-term disability (LTD) policy issued by UNUM provided that an insured would be determined disabled if she was limited from performing the material and substantial duties of her regular occupation due to sickness or injury. The LTD Plan defined “Regular Occupation” to be the occupation as it was normally performed in the national economy, instead of how the work tasks were performed for a specific employer or at a specific location. The District Court held that, despite the 50 pound lifting requirement of plaintiff’s occupation with her specific employer, her occupation as performed in the national economy did not require such lifting. The District Court granted summary judgment in favor of UNUM and dismissed Plaintiff’s claims, with prejudice.