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O'CONNOR v. CENTRAL VIRGINIA U.F.C.W.

No. 90-2170.

945 F.2d 799 (1991)

Eva E. O'CONNOR; Larry M. O'Connor, Plaintiffs-Appellees, v. CENTRAL VIRGINIA U.F.C.W. and Subscribing Employers Welfare Fund, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1991.

Attorney(s) appearing for the Case

Randall Alan Constantine, Elrod & Thompson, Atlanta, Ga., argued (Ray W. King, Tavss, Fletcher & Earley, P.C., Norfolk, Va., on brief), for defendant-appellant.

Daniel Lee Mitchell, Robert A. Blount & Associates, Newport News, Va., argued (Robert A. Blount, on brief), for plaintiffs-appellees.

Before PHILLIPS, WILKINSON and HAMILTON, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

We address here a question of some importance for the administration of employee health benefit funds. The case arises out of the denial of plaintiffs' claim for in-home custodial care benefits by the trustees of defendant Central Virginia Fund under its ERISA employee welfare benefit plan. The district court ordered the Central Virginia Fund to provide "in-home nursing care" for plaintiff Eva Elaine O'Connor at a level...

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