KOSIBA v. MERCH & CO.

No. 02-2668.

384 F.3d 58 (2004)

Michaeleen KOSIBA; Celeslie Epps-Malloy v. MERCK & COMPANY; UNUM Life Insurance Company of America; Merck & Co., Long Term Disability Plan for Union Employees Celeslie Epps-Malloy, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 13, 2004.


Attorney(s) appearing for the Case

Charles F. Szymanski (Argued), Markowitz & Richman, Philadelphia, PA, for Appellant.

Peter J. Heck (Argued), Del Mauro, DiGiaimo, Knepper & Heck, Morristown, NJ, for Appellee.

Before AMBRO, BECKER, and GREENBERG, Circuit Judge.


BECKER, Circuit Judge.

Plaintiff Celeslie Epps-Malloy is a former employee of defendant Merck & Co. ("Merck"), who participated in Merck's ERISA-based Long Term Disability Plan for Union Employees (the "Plan").1 At times relevant, Merck, as overall plan administrator, had delegated responsibility for claims administration to defendant UNUM Life Insurance Company of America ("UNUM").2 Following an at-work...

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