Baldock, J., delivered the opinion of the court, in which SILER, J., joined. CLAY, J., (pp. 378-83), delivered a separate dissenting opinion.
BALDOCK, Circuit Judge.
The issue in this appeal is whether an employee, while suspended without pay, was "actively at work" and thus qualified to receive short-term disability benefits under his employer's ERISA plan. The plan administrator said no. The district court also said no and dismissed the action on undisputed...
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